How Children Inherit When Someone Dies Without a Will in Idaho

Short answer: If a person dies intestate (without a valid will) in Idaho, their surviving children divide the estate. If a child died before the decedent but left descendants (grandchildren of the decedent), those descendants generally inherit the deceased child’s share. Adopted children and most posthumous children are treated the same as biological children. Stepchildren and unrelated foster children usually do not inherit unless legally adopted or otherwise provided for.

Detailed Answer — Understanding Idaho’s Intestate Succession Rules

This section explains how intestate succession works among children under Idaho law and how an estate is administered when there is no will. This is an educational overview only and not legal advice.

Which Idaho laws apply?

Idaho’s intestate succession rules are in the Idaho Probate and Trust Code (Title 15). See the Idaho statutes on intestate succession and probate administration for full text and details: Idaho Code Title 15, Chapter 2 — Intestate Succession and Idaho Code Title 15, Chapter 3 — Administration of Estates.

Basic order when the decedent is survived by children and no spouse

If the decedent is survived by one or more children and no surviving spouse, the children inherit the entire intestate estate in equal shares. Example: a decedent leaves three surviving children; each child receives one-third of the intestate estate.

What happens when a child predeceased the decedent?

When a child predeceases the decedent but leaves descendants (the decedent’s grandchildren), Idaho’s distribution principles allow those descendants to take the deceased child’s share. In practice this usually means distribution “by representation.” For example, if a decedent had three children and one child died before the decedent but left two children of their own, the estate is divided into three equal shares: each surviving child takes one share, and the two grandchildren split the share that would have gone to their parent (typically equally between them).

Per stirpes vs. per capita at each generation

In everyday terms, Idaho treats descendants by representation so that the line of the deceased child steps into that child’s place. The result is that branches of the family receive shares governed by the number of living descendants in that branch. This is the common method used by many states; consult the statutes or a lawyer for precise calculations in complex family trees.

Adopted children, biological children, and children born after death

• Adopted children are treated the same as biological children for intestate succession rights.
• Children born after the decedent’s death (posthumous children) generally can inherit if they are in utero at the time of death or born within a statutory period defined by law.
• Half-blood relatives (children who share only one parent with the decedent) often inherit equally with whole-blood relatives under Idaho law.

Children born out of wedlock and paternity

Children born out of wedlock can inherit from the mother automatically. To inherit from the biological father, paternity or legal parentage must generally be established under Idaho law (by acknowledgment, genetic testing, marriage, or court order).

When children do not inherit

Stepchildren, foster children, or other non-adopted children generally do not inherit by intestacy unless legally adopted or otherwise included by statute or a valid will.

Who can act as administrator when there is no will?

The probate court will appoint a personal representative (called an administrator when there’s no executor) to handle estate administration. Idaho law generally gives priority to certain people, usually starting with the surviving spouse, then other heirs such as adult children or other next of kin. If multiple heirs apply, the court resolves priority or may appoint a neutral person. See Idaho Code Title 15, Chapter 3 for the administration rules and priority for appointment.

Common practical steps for families

1. Identify heirs (children, grandchildren, spouse, parents). Gather birth, adoption, and paternity records.
2. Open probate in the county where the decedent lived; file a petition for appointment of an administrator if needed.
3. Collect and inventory assets, pay debts and taxes, then distribute remaining assets according to Idaho intestacy rules.

Helpful Hints

• Keep birth, adoption, marriage, and paternity documents organized so you can prove relationships to the probate court.
• If a child predeceased the decedent, create a simple family tree showing descendants by branch — this speeds up share calculations for the court.
• Adopted children have the same rights as biological children; if a parent-child relationship is unclear, ask the court about legal parentage.
• Stepchildren and foster children usually need formal adoption or a will to inherit — review estate planning options to include them.
• If multiple heirs want to serve as administrator, the court will choose according to statutory priority and practical considerations (ability to administer, conflicts of interest, residence, age).
• Small estates may qualify for simplified probate procedures; ask the probate clerk or an attorney about simplified or summary procedures in Idaho.
• Because intestacy rules distribute property by family ties, an estate can pass in ways the decedent did not intend—creating a will avoids surprises.

Disclaimer: This article explains general principles of Idaho intestate succession and administration for educational purposes only. It is not legal advice. For guidance tailored to your situation, contact a licensed Idaho attorney or the probate court in the county where the decedent lived.