Intestate Succession in Idaho
State-specific overview · Estate & Probate
Idaho treats community property and separate property differently, with community property passing entirely to the surviving spouse.
How Idaho treats Intestate Succession
Idaho is a community property state, meaning property acquired during marriage belongs equally to both spouses. Upon death, the deceased's one-half of community property passes entirely to the surviving spouse. Separate property (owned before marriage or acquired by gift or inheritance) follows standard intestate rules, passing to the spouse and descendants in specified shares. This dual system significantly simplifies succession compared to common-law states.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.