Detailed Answer
When heirs inherit real property in Idaho—whether by will or by intestate succession—they must use a properly executed deed to transfer their ownership interests. There are two common scenarios:
1. Transfer by Personal Representative’s Deed
If an estate goes through probate, the executor or administrator (personal representative) conveys title to heirs or third-party buyers using a Personal Representative’s Deed. Idaho Code §6-103 authorizes this deed. It must:
- Identify the decedent, the personal representative, and the grantee.
- Describe the property with a full legal description.
- Be signed by the personal representative and acknowledged before a notary.
- Reference the probate case number.
Link to statute: Idaho Code §6-103.
2. Direct Transfer by Heirs (Heirs’ Quitclaim Deed)
In small estates or when heirs agree to split interests, each heir may sign a Quitclaim Deed (often called an “Heirs’ Deed”) to convey their share to another heir or third party. Key steps:
- List all grantors (the heirs) and grantee(s).
- Include the property’s full legal description.
- Each heir must sign and acknowledge the deed before a notary under Idaho Code §55-502.
Link to statute: Idaho Code §55-502.
Recording the Deed
After execution and notarization, file the original deed with the Recorder’s Office in the county where the property lies. Requirements:
- Submit the recorded deed along with any required transfer tax affidavits.
- Pay recording fees and documentary transfer taxes, if applicable.
- Ensure the acknowledgment meets Idaho Code §31-3206 standards.
Link to statute: Idaho Code §31-3206.
Helpful Hints
- Consult probate records to confirm whether a personal representative deed is required.
- Obtain a certified copy of letters testamentary or letters of administration if using a personal representative’s deed.
- Use precise legal descriptions—copy from a previous recorded deed to avoid boundary disputes.
- Check county recorder websites for recording fee schedules and transfer affidavit forms.
- Consider title insurance or a title opinion to ensure no hidden liens or claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Idaho attorney for guidance on your specific situation.