Do I need to include assets that passed by right of survivorship to my mother on the inventory?

Short answer: Under Idaho law, assets that pass automatically to a surviving joint owner by right of survivorship (for example, joint tenancy with right of survivorship, payable-on-death or transfer-on-death accounts, or assets with a valid beneficiary designation) generally pass outside probate and are not treated as part of the decedent’s probate estate. Those non-probate assets usually do not have to be listed as estate property on the probate inventory. However, you must still disclose relevant information to the court or the personal representative if the court or creditors request it, if title is unclear, or if the survivorship transfer is disputed.

Detailed Answer — Idaho law and practical steps

This answer assumes your mother was a named joint owner who survived the decedent, or that the asset had a valid beneficiary designation that named her. Here is what you should know and do in Idaho:

1. What “right of survivorship” means

When two or more people hold property as joint tenants with right of survivorship, the surviving co-owner(s) automatically take full title when one owner dies. Similarly, accounts labeled payable-on-death (POD), transfer-on-death (TOD), life insurance, and retirement accounts that name a beneficiary pass directly to the named beneficiary without going through probate. Those transfers are considered non-probate transfers.

2. Probate inventory basics in Idaho

The personal representative (administrator or executor) appointed by the probate court is generally required to inventory the assets that are part of the decedent’s probate estate and to account for them to the court and heirs/creditors. Idaho’s probate statutes and court rules set out those duties. You can review Idaho’s probate statutes in Title 15 (Probate and Affidavits) of the Idaho Code for more detail: Idaho Code, Title 15 (Probate and Affidavits).

3. Do survivorship assets go on the inventory?

If the asset truly passed outside probate by survivorship or by beneficiary designation, it is not a probate asset and typically is not required to be listed as an asset of the probate estate on the formal inventory.
Nonetheless, many personal representatives attach a short schedule or a statement to the inventory listing non-probate transfers (for example: “House held as joint tenants with right of survivorship with surviving co-owner Jane Doe,” or “Bank account X – POD to Jane Doe”). Doing so helps the court and creditors understand what assets remain available to satisfy estate obligations and avoids later disputes.
If title is ambiguous (for example, the deed or account paperwork does not clearly show right of survivorship, or the form used could be tenancy in common), the asset may need to be treated as part of the estate until ownership is proven. In that case, list the asset and note the dispute or uncertainty, and provide supporting documents to the court.

4. When you should definitely include or disclose the asset

If creditors are claiming against the estate and the survivorship transfer might be set aside as a fraudulent transfer.
If the transfer depended on a formality or beneficiary designation that may be invalid (e.g., an unsigned beneficiary form, or a beneficiary revoked before death).
If the probate court asks for a full accounting or an inventory that includes non-probate property for clarity.
If you, as personal representative, are unsure whether you are allowed to treat the property as non-probate. When in doubt, disclose the asset and explain the claimed method of transfer.

5. Practical documentation and proof

To demonstrate that an asset passed by right of survivorship, gather and keep copies of:

Deeds showing joint tenancy language or survivorship clause;
Bank/financial account statements showing POD/TOD, or the actual beneficiary designation forms;
Insurance policies or retirement account beneficiary designations;
Certified death certificate to present to institutions so they can transfer title or re-title accounts.

Present these documents to the probate court if requested or to the institution holding the asset when you ask them to transfer title to the surviving owner.

6. Possible consequences of failing to disclose

Not disclosing assets that in fact are probate assets can expose a personal representative to liability for failing to inventory estate property or for mismanaging estate administration. For clearly non-probate survivorship assets, the risk is lower, but failing to note them where the court expects a full picture of estate affairs can create later disputes. If you are unsure whether the asset truly passed automatically, err on the side of disclosure and obtain legal advice.

7. Example (hypothetical)

Hypothetical: Your parent died owning a bank account titled “John Parent and Jane Parent, JT TEN.” The account statement and the bank’s signature card explicitly state “Joint Tenants with Right of Survivorship.” Because Jane Parent survives, the bank will typically release the funds to her directly without probate. As personal representative, you would not list that account as a probate asset on the estate inventory, but you would keep copies of the bank’s paperwork and may attach a short statement to the probate inventory noting the account and its non-probate status.

Helpful Hints

Ask the court clerk or read probate instructions for your county: courts sometimes have local inventory forms and prefer that you indicate non-probate items separately.
Gather proof of ownership and beneficiary forms before you file anything with the court.
If title language is ambiguous, treat the asset as a probate asset until you can prove otherwise.
Keep an organized record: death certificate, deeds, account statements, beneficiary forms, and correspondence with banks or insurers.
Consider informal notification: tell major creditors and heirs what non-probate transfers exist so there are no surprises.
If a creditor or heir challenges the survivorship transfer, you may need to defend the transfer in court; documentation matters.
When uncertain, consult a probate attorney to avoid personal liability as a personal representative.

Where to read Idaho law: See Idaho Code, Title 15 (Probate and Affidavits) for statutes governing estate administration and personal representative duties: https://legislature.idaho.gov/statutesrules/idstat/Title15/. If you need forms or procedural guidance, check your local probate court’s website or the Idaho courts’ resources.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every situation is unique. For advice about a specific estate or inventory question in Idaho, consult a licensed Idaho attorney.