Probate in Idaho

Idaho probate is administered in the District Court of the county where the deceased resided. Idaho follows the Uniform Probate Code and allows informal (unsupervised) administration in most cases. Informal administration allows the personal representative to act without court oversight for most decisions.

Idaho probate typically takes 6–12 months.

Simplified estate procedures

Idaho allows a small estate affidavit for personal property of $100,000 or less, available 30 days after death. Idaho also has a simplified procedure for surviving spouses to claim community property.

Idaho authorizes transfer on death deeds for real property.

Death certificates

Idaho death certificates are issued by the Idaho Department of Health and Welfare (IDHW) Bureau of Vital Records and Health Statistics. The cost is $16 per certified copy. Order through IDHW or VitalChek.

Order at least 10–12 certified copies when the funeral home files the initial certificate.

Estate and inheritance tax

  • State estate tax: Idaho has no state estate tax and no inheritance tax.

The federal estate tax applies only to estates above $13.61 million (2024 threshold).

Community property state

Idaho is a community property state. Property acquired during marriage is generally owned equally by both spouses. At death, the deceased's half of community property is distributed according to the will or intestacy law; the surviving spouse retains their half. Idaho also allows couples to hold property as "community property with right of survivorship," which passes the entire property to the surviving spouse without probate.

Notable rules

  • Community property with survivorship: Idaho allows spouses to hold property as community property with right of survivorship, automatically passing the entire property to the surviving spouse without probate.
  • Creditor claim period: 4 months from the date of first publication of notice to creditors.
  • Transfer on death deed: Idaho allows transfer on death deeds for real property.
  • No estate tax: Idaho has no estate or inheritance tax.

Key contacts

  • Idaho vital records: healthandwelfare.idaho.gov/health/vital-records
  • Idaho Courts probate: iCourt.idaho.gov
  • Idaho State Bar lawyer referral: isb.idaho.gov