How Do Idaho Intestacy Rules Apply If No Valid Will Is Found? | Idaho Probate | FastCounsel
ID Idaho

How Do Idaho Intestacy Rules Apply If No Valid Will Is Found?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

How Intestacy Works in Idaho

When someone dies without a valid will (intestate), Idaho’s statutes set the order for distributing assets. Chapter 2 of Title 15 governs intestate succession. See Idaho Code § 15-2-101 et seq.

Order of Inheritance

Idaho law ranks heirs in the following order:

Starting Probate

To distribute assets, you must open a probate case in the county where the decedent lived. You file a petition, pay filing fees, and notify all potential heirs. The court appoints a personal representative who inventories assets, pays debts, and distributes property under intestacy rules (Idaho Code §§ 15-3-101 through 15-3-1001).

Helpful Hints

  • Search family records and public notices to identify all potential heirs.
  • Locate safe-deposit boxes, digital accounts, and unclaimed assets before probate.
  • Gather deeds, titles, and account statements to support the estate inventory.
  • File probate promptly—Idaho law generally requires action within one year after death.
  • Keep clear records of notices sent, debts paid, and assets distributed.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.