Probate in Idaho: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Idaho, family can collect property by small estate affidavit 30 days after death if the whole probate estate is $100,000 or less, after liens. Larger estates usually go through informal probate. Idaho has no transfer-on-death deed for real estate, and no estate or inheritance tax.

When someone dies in Idaho, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Often the answer is no, or not for long. Idaho has a small estate affidavit, a simple informal probate, and a shortcut when a spouse inherits everything. This page covers each one, plus who inherits if there is no will. It is part of our estate planning guides for each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Idaho?

Yes, if the estate fits the limit. Thirty days after death, a successor can collect the property by affidavit if the whole probate estate, wherever located, is worth $100,000 or less after liens and encumbrances (I.C. 15-3-1201).

There is one more condition. No petition for a personal representative or summary administration can be pending or granted anywhere.

Note how the limit is measured. It counts the entire estate that would go through probate, not just bank accounts. Idaho has no separate affidavit for real estate.

A bank or other holder that pays on the affidavit is discharged. A holder who refuses can be compelled in court (I.C. 15-3-1202).

Idaho has two other shortcuts:

When the spouse is the only heir. If the surviving spouse inherits everything, the spouse may petition for a decree after one hearing, with no full administration. The spouse then becomes responsible for the decedent's debts (I.C. 15-3-1205).
Very small estates already in probate. If the estate is no larger than the homestead allowance, exempt property, administration costs, and funeral and last-illness expenses, the personal representative can distribute it right away and close by sworn statement (I.C. 15-3-1203, I.C. 15-3-1204).

Who inherits if there's no will?

Idaho's intestacy law decides, and it starts with the fact that Idaho is a community property state (I.C. 15-2-102).

For a married person, the rules split in two:

Community property. The surviving spouse takes all of the decedent's half, even if there are children.
Separate property. The spouse takes all of it if there are no descendants and no parent. The spouse takes half if there are descendants, or if there are no descendants but a parent survives.

Whatever doesn't pass to a spouse goes in this order (I.C. 15-2-103):

Your descendants, equally or by representation.
Your parents, equally.
Your parents' descendants: brothers, sisters, nieces and nephews.
Half to your father's side and half to your mother's side: grandparents or their descendants.

Notice that friends never appear on this list. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Idaho calls the executor a "personal representative." If more than one person wants the job, the law sets the order (I.C. 15-3-203):

The person with priority under a probated will.
A surviving spouse who inherits under the will.
Other people who inherit under the will.
The surviving spouse.
Other heirs.
Any creditor, 45 days after death.
The public administrator, if a petition has been pending 60 days with nobody suitable willing to act.

People in groups 2 through 5 may nominate someone else. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Idaho doesn't require the personal representative to live in the state. The only listed disqualifications are being under 18 or being found unsuitable by the court in formal proceedings. A personal representative appointed in the decedent's home state has priority in Idaho, unless the will names different people for each state.

Informal or formal probate: which one?

Idaho follows the Uniform Probate Code model (I.C. 15-3-301). Informal probate is an application to the court's registrar, generally within three years after death. Formal probate goes before a judge, usually to resolve objections.

Idaho also allows an "informal statement of intestacy" when the estate is all community property and there is a surviving spouse.

Most families who don't qualify for an affidavit start with informal probate. Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

The personal representative may publish a notice once a week for three weeks. Creditors then have four months after the first publication to come forward (I.C. 15-3-801).

Known creditors who get written notice have the later of four months after publication or 60 days after the mailing. Debts from before death are barred in any case by the earlier of three years after death or the notice deadline (I.C. 15-3-803).

If Medicaid paid for care at age 55 or older, the personal representative must give the state written notice. Our post on Medicaid estate recovery explains why.

How much is the personal representative paid?

Idaho says "reasonable compensation" (I.C. 15-3-719). There is no percentage schedule.

If the will sets a fee, the personal representative may turn it down before taking the job and take reasonable compensation instead, or waive fees entirely. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer-on-death deed. Idaho has no law allowing one for real estate. A 2026 bill to adopt one was introduced and sent to committee, with no further action shown (S1399).

Idaho's nonprobate transfer chapter does cover other tools (Title 15, Chapter 6):

Multiple-party bank accounts.
Transfer-on-death registration for stocks and brokerage accounts.
For married couples, real estate held as community property with right of survivorship.

For a home, a living trust is the usual way to keep it out of court. The trust document should say clearly that it is revocable. Our post on what a trustee does explains that role, and how to avoid probate compares the options.

Will my heirs owe Idaho estate or inheritance tax?

No. The Idaho State Tax Commission says Idaho has no inheritance tax or gift tax, and its estate tax applies only to deaths before 2005 (Idaho State Tax Commission).

Which path fits?

Situation	Likely path in Idaho
Whole probate estate $100,000 or less, after liens	Small estate affidavit, 30 days after death
Surviving spouse is the only heir	Spouse's petition for summary administration
Estate barely covers allowances and final costs	Immediate distribution and closing by sworn statement
Larger estate, no disputes	Informal probate through the registrar
A will contest or other objection	Formal probate before a judge
Home held in a living trust	Successor trustee transfers it, no probate for the home

Here is a typical case, a composite. Ruth, 76, lived in Idaho Falls and never married. Her home was in a living trust naming her niece as successor trustee. Her checking and savings accounts came to well under $100,000. Thirty days after Ruth died, her niece used the affidavit for the accounts and transferred the house through the trust. There was no court case.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Idaho financial power of attorney guide and Idaho medical power of attorney guide.

Common questions

What is the small estate limit in Idaho?

The whole probate estate, wherever located, must be worth $100,000 or less after liens and encumbrances. The family must wait 30 days after death, and no probate petition can be pending.

Does a surviving spouse inherit everything in Idaho?

The spouse always takes the decedent's half of the community property. For separate property, the spouse takes everything only if there are no descendants and no surviving parent. Otherwise the spouse takes half.

Does Idaho allow transfer-on-death deeds?

No. Idaho has no transfer-on-death deed law for real estate. A 2026 bill did not advance. Married couples can hold property as community property with right of survivorship, and anyone can use a living trust.

Can someone who lives in another state be a personal representative in Idaho?

Yes. Idaho lists no residency requirement. The only listed disqualifications are being under 18 or being found unsuitable by the court.

Does Idaho have an inheritance tax?

No. Idaho has no inheritance tax, no gift tax, and no estate tax for deaths after 2004.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Idaho: the rules, signing and who to namePower of attorney in Idaho is durable by default and needs no witnesses, but a notary makes banks act within days. Here is how to sign it and who to name.State guidesMedical power of attorney in Idaho: how it works, how to signMedical power of attorney in Idaho now lives in one advance care planning document. How to sign it, the living will part, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.