ID risk area
Intestacy risk in Idaho
How assets are distributed when there is no will and state default rules control the outcome.
Idaho intestacy distinguishes between separate and community property, giving the spouse the decedent’s community share and a share of separate property based on surviving parents or descendants.
At a glance
Key takeaways
- If there is no surviving issue or parent, the spouse receives the entire separate property estate.
- If parents survive but no issue, the spouse receives one-half of separate property.
- If issue survive, the spouse receives one-half of separate property.
- The decedent’s one-half of community property passes to the surviving spouse.
Questions to consider
Questions this risk area helps you evaluate in Idaho
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Idaho intestacy distinguishes between separate and community property, giving the spouse the decedent’s community share and a share of separate property based on surviving parents or descendants.
- If there is no surviving issue or parent, the spouse receives the entire separate property estate.
- If parents survive but no issue, the spouse receives one-half of separate property.
- If issue survive, the spouse receives one-half of separate property.
- The decedent’s one-half of community property passes to the surviving spouse.
- Any remaining separate property passes to issue or parents under the statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/idaho/title-15/chapter-2/part-1/section-15-2-102/
- https://law.justia.com/codes/idaho/title-15/chapter-2/part-1/section-15-2-103/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-idaho.html
- https://law.justia.com/codes/idaho/title-15/chapter-2/part-1/section-15-2-104/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Idaho.