The probate laws in Idaho cover “intestate succession”. This refers to what happens to your estate if you die without a will.
The laws cover who inherits your estate and how it is divided. Learn more about what will happen if you die without a will here.
Who gets your property?
If you pass away with a spouse and children, your spouse will receive all community property and half of your separate property. Your children and other descendants receive the other half of your separate property.
If you do not have children, then your spouse will receive everything. The same applies if you have no spouse but have children.
In Idaho, your parents may also receive part of your property. For example, if you do not have a spouse, your children and parents each receive half of your separate property. If you do not have children, your spouse and parents receive it. If you have neither a spouse nor children, your parents receive your entire estate.
What happens if you have no close relatives?
When you do not have a spouse, children, or living parents, your estate passes to your grandparents, siblings, nephews, nieces, and then cousins. If no relative can be found, then your estate will escheat. This means it goes to the state of Idaho.
How are your debts handled?
If you have debts when you pass away without a will, all you owe is paid from your estate before the property is dispersed among your relatives. Once all debt is paid, your relatives receive what is left.
Understanding what may happen if you die without a will is essential. However, creating a will now is a smart move and will protect those you love.