ID estate risk

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.

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?

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 to consider 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

Background 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.

How this connects