Elective Share in Idaho
State-specific overview · Estate & Probate
Idaho grants a surviving spouse an elective share equal to one-half the community property plus one-half of separate property.
How Idaho treats Elective Share
Idaho's elective share calculation is tied to the state's community property system. A surviving spouse may claim one-half of all community property acquired during the marriage, plus one-half of the deceased spouse's separate property. This approach differs from common-law states because it recognizes community property rights independent of the will. The elective share right protects spouses from disinheritance in a regime where marital property is already presumed jointly owned.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Idaho.