Including Real Property in an Idaho Estate: Steps You Need

Disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed attorney in Idaho for guidance specific to your situation.

Detailed Answer

When someone dies owning real property in Idaho, that property must pass through probate or other transfer methods before heirs or beneficiaries can take title. Below are the core steps to include real property in an estate successfully under Idaho law:

1. Determine Ownership and Title Type

Review the property deed. Note if the decedent held the property as sole owner, joint tenants with right of survivorship, or through a trust.
If held in joint tenancy or community property with right of survivorship, the surviving owner typically becomes sole owner by operation of law (I.C. §15-2-101).
If held in a revocable living trust, the successor trustee can transfer title without probate.

2. Open Probate Proceedings (If Required)

File a Petition for Probate in the appropriate county court (I.C. §15-3-201).
Provide death certificate and the original will (if one exists).
The court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will) to your personal representative (I.C. §15-3-301).

3. Inventory and Appraise the Property

The personal representative must file an inventory of all probate assets, including real property, within 60 days of appointment (I.C. §15-3-601).
Obtain a fair market value appraisal. Idaho law requires this to calculate estate taxes and distribute assets fairly.

4. Provide Notice to Creditors and Heirs

Publish a Notice to Creditors in a local newspaper within 30 days of appointment (I.C. §15-3-503).
Mail direct notice to known heirs and beneficiaries.

5. Pay Debts, Taxes, and Expenses

Use estate funds to pay outstanding debts, final income taxes, and probate costs prior to distribution (I.C. §15-3-511).
If the estate lacks liquidity, you may need to sell real property under court supervision.

6. Obtain Court Order or Affidavit of Distribution

After debts and claims clear, file a Petition for Distribution (I.C. §15-3-701).
The court issues an Order of Distribution specifying who receives the real property and in what share.
For small estates (under $100,000 in personal property and no real property), personal property can pass via affidavit (I.C. §15-2-402), but real property still requires probate or trust transfer.

7. Record the Transfer

Take the certified Order of Distribution or an affidavit of heirship to the county recorder’s office where the property lies.
Prepare and submit a new deed (e.g., executor’s deed) conveying title to heirs or devisees.
Pay recording fees and any required transfer taxes.

Helpful Hints

Keep clear records of all filings, notices, and communications.
Work with a qualified probate attorney when estates involve multiple heirs or complex assets.
Consider mediation if heirs disagree about property distribution.
Review decedent’s planning documents (trusts, deeds) early to avoid surprises.
Check for local county requirements; counties may have unique forms or fees.