Idaho: How to Find Out Where Sale Proceeds from Your Parent’s House Will Go

How proceeds from a home sale are generally distributed in Idaho

Who gets the money from a sold house depends entirely on how the property is owned, whether the owner died, and whether there are debts, liens, taxes, or a trust. The common scenarios are:

• Property owned jointly with right of survivorship: If the deed names joint owners with survivorship, the surviving joint owner typically owns the house automatically. Sale proceeds usually go to that surviving owner, not into probate.
• Property held in a revocable trust: The trustee follows the trust terms. If the trust directs sale and distribution, proceeds go to beneficiaries per the trust document.
• Property owned solely by your dad (and he is deceased): The house typically must be administered through probate (unless a small‑estate shortcut applies). The personal representative (executor/administrator) sells the property (if that is part of administration), pays valid debts and expenses from the estate, and then distributes remaining funds to heirs or beneficiaries under the will or by Idaho’s intestacy rules.
• There are mortgages, liens, or judgments: Those claims normally must be paid out of sale proceeds before distribution to beneficiaries.

Idaho’s probate and trust laws are in Idaho Code Title 15. For general statutory rules on estate administration, see Idaho Code Title 15: https://legislature.idaho.gov/statutesrules/idstat/title15/. For practical probate information and forms, see the Idaho courts probate page: https://isc.idaho.gov/probate/.

Typical priority for payment from sale proceeds

When a house is sold under a decedent’s estate, the usual order for paying money from the sale is:

1. Costs of sale (real estate commission, closing costs, title company fees).
2. Mortgage payoff and any recorded liens (tax liens, mechanics’ liens, judgment liens).
3. Administrative expenses of the estate (court fees, probate attorney fees, personal representative fees if allowed).
4. Funeral expenses and final medical bills (and other priority claims under Idaho law).
5. Other valid creditor claims allowed in probate.
6. Taxes owed by the decedent or the estate (federal or state estate/income taxes if applicable).
7. Remaining balance distributed to beneficiaries or heirs under the will or Idaho intestacy rules.

This is a simplified order. Idaho statutes and local court rules specify detailed procedures for presenting and allowing claims and for distributions. See Idaho Code Title 15 for probate procedures and creditor claims: Idaho Code Title 15.

Concrete steps you can take right now to find out exactly where the sale proceeds will go

1. Check the county deed records. Search the county recorder’s online database (or visit in person) where the property is located to see the current deed and any recorded liens or mortgages. The deed will show ownership form (sole, joint tenants, trust, etc.).
2. Obtain a title report or preliminary title commitment. Title companies provide a clear list of liens, mortgages, and encumbrances that must be paid at closing. If a sale is already scheduled, the closing/title company will prepare this and produce exact payoff figures.
3. Ask the closing or title company for a payoff breakdown. If the house already sold or is under contract, ask the title company or closing agent for the closing statement (HUD‑1 or Closing Disclosure). That document shows exactly how sale proceeds will be allocated — commissions, payoff of loans, lien payments, taxes, fees, and net to the estate or seller.
4. Determine if there is a will, trust, or named beneficiary. If there’s a trust or joint owner with survivorship, proceeds may bypass probate. If there’s a will, contact the named executor or the probate court for the case number and filings.
5. Search the probate docket. If your dad died and probate was opened, contact the county probate clerk where he lived. Court filings (petitions, inventories, accountings) show who the personal representative is and how assets are being handled.
6. Request an accounting from the personal representative or trustee. Idaho probate law requires administration according to statutory procedure; beneficiaries or interested persons can request accountings or file objections in probate court if distributions appear incorrect.
7. Get payoff statements from lenders and lien holders. Contact any mortgage lender, the county tax collector (for property taxes), and any attorney or creditor who claims a lien. Ask for exact payoff amounts and whether those amounts will be satisfied at closing.
8. Talk to a probate or real estate attorney if the situation is unclear. An attorney can read the deed, review the title report, review probate filings, and explain how Idaho law applies to the facts.

Example (hypothetical) to illustrate how proceeds are handled

Hypothetical facts: Dad owned the house solely, he died, there is a mortgage of $120,000, funeral bills of $8,000, and no trust. The house sells for $200,000.

Typical distribution would look like:

• Pay realtor commission and closing costs (e.g., $12,000).
• Pay mortgage payoff to the lender ($120,000).
• Pay probate administration costs and allowed fees (amount varies).
• Pay funeral and allowed creditor claims ($8,000 if allowed).
• Pay estate or income taxes if any.
• Remaining balance distributed to beneficiaries under the will or by intestacy (for example, $60,000 minus probate costs).

The closing statement from the title company will show exact numbers and recipients.

When to get help from an attorney

Consider consulting an Idaho probate or real estate attorney if:

• Ownership is unclear (deed names, joint tenancy, trust language).
• There are multiple creditors, disputed claims, or large unpaid taxes.
• You are a beneficiary and the personal representative refuses to provide information or an accounting.
• The sale is contested by heirs, beneficiaries, or lienholders.

Helpful Hints

• Start with the county recorder’s office to confirm the deed and lien status.
• Request the closing statement (HUD‑1/Closing Disclosure) — it shows precisely where every dollar went.
• Get a full title report early; it reveals hidden liens and necessary payoffs.
• If a probate case exists, obtain the case number from the county probate clerk and review filed inventories or accountings.
• Keep copies of all documents: deed, mortgage payoff letters, closing statements, probate filings, and communications with the personal representative.
• If you are a beneficiary, put requests to the personal representative in writing and keep records of replies.
• Use a licensed Idaho real estate or probate attorney when the ownership, creditors, or distributions are disputed or complex.