Who receives your property if you die without a will? Idaho’s intestacy rules govern the part of an estate not effectively disposed of by will, while some assets pass under beneficiary designations or survivorship arrangements. Idaho Code § 15-2-101; Idaho Code § 15-6-201. If you are starting an estate plan, these ten questions can help you prepare for a conversation with MBM Chtd.
1. Who would inherit under Idaho’s default rules?
Without an effective will disposing of an asset, Idaho law identifies the heirs who receive it. Idaho Code § 15-2-101. Ask whether that result matches your wishes, especially if you want to provide for someone outside the statutory line of heirs.
2. Which assets are community property, and which are separate?
Idaho generally treats property acquired during marriage as community property, while property owned before marriage or acquired by gift or inheritance is generally separate property. Idaho Code § 32-906; Idaho Code § 32-903. Under the intestacy rules, the decedent’s half of community property passes to the surviving spouse; the spouse’s share of separate property depends on whether the decedent left descendants or parents. Idaho Code § 15-2-102. Make an inventory rather than assuming that all property titled in one spouse’s name will receive the same treatment.
3. Are there children, stepchildren, or other intended beneficiaries?
The portion of an intestate estate not passing to a spouse goes first to the decedent’s descendants; if there are none, Idaho law looks to parents and then more remote relatives. Idaho Code § 15-2-103. A person who is only a stepchild is not included in the probate code’s definition of “child.” Idaho Code § 15-1-201. In a blended family, discuss explicitly whom you want to benefit instead of relying on assumptions about the word “family.”
4. What do your beneficiary designations say?
Life insurance, retirement plans, and other written arrangements may direct payment at death outside a will; Idaho also permits beneficiary-form registration for securities. Idaho Code § 15-6-201; Idaho Code § 15-6-309. Check each designation, including backup beneficiaries, against your intended plan. For securities registered in beneficiary form, the asset belongs to the estate if no named beneficiary survives the owners. Idaho Code § 15-6-307.
5. How is your home or other property titled?
Title matters. Idaho recognizes a specifically declared community-property-with-right-of-survivorship interest in real property that passes to the surviving spouse at the first spouse’s death. Idaho Code § 15-6-401. Review deeds and account ownership with counsel rather than assuming marriage alone establishes a survivorship arrangement.
6. Who would care for your minor children?
Consider whom you would name as guardian, whom you would name as an alternate, and whether those people are willing to serve. Idaho’s pre-2027 guardianship provisions allow a parent to name a guardian and alternates in a will, but a testamentary appointment does not take effect merely because the person is named: it depends on acceptance and does not displace a surviving parent who has the right to appoint. [1] A nomination is a planning step, not a guarantee of a particular custody outcome.
7. Who would handle the estate?
A will can give a chosen person priority to serve as personal representative. Idaho Code § 15-3-203. Without that designation, Idaho’s appointment priorities generally place the surviving spouse ahead of other heirs, subject to the statute’s qualifications and procedures. Idaho Code § 15-3-203. Think about who is organized, available, and willing to manage the work.
8. Would a small-estate procedure actually apply?
Idaho’s personal-property collection affidavit is not an automatic substitute for planning. It is available only after 30 days and requires, among other things, a probate estate worth no more than $100,000 after liens and encumbrances, no pending or granted appointment or summary-administration proceeding, and an entitled claimant. Idaho Code § 15-3-1201. A different, expense-based test governs summary administration. Idaho Code § 15-3-1203.
9. Who could act if you became unable to make decisions?
A will addresses disposition at death, not every decision during life. Idaho’s statutory financial power-of-attorney form authorizes property decisions but not health-care decisions, and a power of attorney under the Uniform Power of Attorney Act is durable unless it expressly says incapacity terminates it. Idaho Code § 15-12-301; Idaho Code § 15-12-104. An advance directive can communicate your health-care wishes and name a health-care agent. Idaho Code § 39-4502. Choose trusted decision-makers and discuss your wishes with them.
10. How will you put your wishes in writing—and keep them current?
An ordinary Idaho will generally must be in writing, signed by the testator or at the testator’s direction, and signed by two qualifying witnesses; the statute identifies exceptions, so do not assume an informal note will do the job. Idaho Code § 15-2-502. Once you have a plan, revisit it when your relationships, assets, or beneficiary designations change.
Ready to start? Contact MBM Chtd to discuss a will and related planning documents suited to your family and property. This post provides general information, not legal advice for a particular situation.
