Detailed Answer
Disclaimer: This is not legal advice. It is for educational purposes only.
1. Identify the Deed Type
First, review the recorded deed at the county recorder’s office. Confirm whether the deed lists any form of co-ownership such as joint tenancy, tenancy by the entirety, or community property with right of survivorship. If your parent’s name stands alone, the property likely passes through probate or by intestate succession.
2. Check for a Will or Trust
If your parent executed a valid will in Idaho, the personal representative named in the will must open a probate case. If there’s a revocable living trust, the trustee will distribute real property per the trust terms without formal probate. Search your parent’s important records or contact their attorney to locate these documents.
3. Open Probate or Small Estate Proceedings
When no trust exists, you must probate the estate in the district court of the county where your parent lived. The court will appoint a personal representative who gathers assets, pays debts, and distributes property under Idaho’s intestate succession laws (Idaho Code § 15-2-102). If the real property value is under $100,000 and no debts exceed that amount, you may use a small estate affidavit instead of full probate (Idaho Code § 15-3-801). File the affidavit with the recorder’s office to transfer title.
4. Intestate Succession Rules
If your parent died without a will, Idaho law determines heirs based on family relationships. Spouses, children, grandchildren, and parents may inherit. For instance, if your parent was married and had two children, the spouse receives one half of the estate and the children share the other half equally (Idaho Code § 15-2-103).
5. Recording the New Deed
Once probate is complete or the small estate affidavit is accepted, the personal representative or heirs must prepare a new deed. Record the deed with the county recorder to reflect current ownership. Ensure the deed includes correct legal descriptions and signatures as required by Idaho law.
Helpful Hints
- Obtain multiple certified copies of the death certificate; most agencies require originals.
- Search the county recorder’s online database for any liens or encumbrances.
- Consult the district court clerk for probate filing fees and forms.
- Keep detailed records of all communications, filings, and receipts.
- Consider consulting a licensed Idaho attorney if the estate has complex assets or disputes.