Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
1. Understand Probate vs. Nonprobate Transfers
When someone dies in Idaho, assets they owned solely in their name become estate property subject to probate under Idaho Code Title 15, Chapter 3. To determine if a transferred vehicle remains estate property, ask how title passed at death:
- Sole Owner: If the decedent held title alone and made no beneficiary designation, the vehicle is estate property. The executor or personal representative must include it in the probate inventory.
- Joint Tenancy: If the title lists joint tenants with right of survivorship (for example, “John Doe and Jane Doe, as joint tenants with rights of survivorship”), the surviving co-owner takes full title outside probate per Idaho Code § 15-3-701.
- Transfer-on-Death (TOD) Beneficiary: Idaho allows a vehicle owner to name a TOD beneficiary using DMV Form 05-3314. A valid TOD designation passes title directly to the named beneficiary without probate, per Idaho Code Title 49, Chapter 5.
2. Check the Certificate of Title
Obtain a certified copy of the decedent’s vehicle title from the Idaho Transportation Department (ITD). Look for:
- Single name vs. multiple owners with survivorship language.
- Any handwritten or printed beneficiary designation for TOD transfer.
3. Address Recent Transfers
If the decedent transferred the vehicle shortly before death, Idaho’s Uniform Fraudulent Transfer Act may apply. Transfers made with intent to defraud creditors within two years before death can be set aside, bringing the vehicle back into the probate estate under Idaho Code § 55-910.
4. Determine Estate Administration Requirements
Once you know whether the vehicle is estate property, the personal representative must:
- Include it in the inventory filed with the court.
- Determine value (fair market value on date of death).
- Sell, transfer or distribute it in accordance with the will or Idaho intestacy rules.
Helpful Hints
- Always request a certified copy of the decedent’s title from ITD.
- Review any DMV Form 05-3314 on file for TOD designations.
- Consult Idaho Code Title 15, Chapter 3 for detailed probate rules.
- Watch for joint-ownership language on the title certificate.
- Seek advice from a licensed attorney for complex transfers or disputes.