The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few other states to allow terminally ill patients to legally end their lives.
Idaho has never officially considered adopting a death with dignity law. The state has, in fact, taken an opposing path, declaring it a crime for a health care professional to knowingly prescribe medication intended to cause death. (See Idaho Code § 18-4017 (2024).)
If choice at the end of life is important to you, there are many things you can do to support bringing a Death With Dignity Act to Idaho:
“Death with dignity” and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. You might also see the phrase “right to die” used in place of either of those terms. However, “right to die” is more accurately used in the context of directing one’s own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. In Idaho or any other state, you have a right to provide such directions or give any other health care instructions by completing an advance health care directive. Health care providers are required to honor your wishes or transfer you to another care provider who will do so.
For information about making known your wishes for medical care at the end of life and appointing a trusted person to ensure your instructions are carried out, see the Living Wills & Medical Powers of Attorney section of Nolo.com.
To find out more about the history and current status of death with dignity laws in the United States, visit the website of the Death With Dignity National Center.
Updated March 1, 2024
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Idaho.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
parents but no spouse or descendants | parents inherit everything |
a spouse and descendants | spouse inherits all of your community property and 1/2 of your separate property children inherit 1/2 of your separate property |
a spouse and parents | spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property |
(Idaho Code §§ 15-2-102; 15-2-103 (2023).)
In Idaho, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find Idaho's community property laws here: Idaho Code §§ 32-901 to 32-929.
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents or descendants. If you do, they and your spouse will share your separate property. (See Above.)
If you’re concerned about this area of the law, see an experienced attorney for help.
If you die without a will in Idaho, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Idaho must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Idaho Code § 14-113 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Idaho intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Idaho’s intestate succession laws here: Idaho Code §§ 15-2-101 to 15-2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>You can make several different types of POAs in Idaho. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Idaho.
For your POA to be valid in Idaho, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Idaho courts. If you're helping someone make a POA and are unsure whether they meet the mental capacity requirement, you should consult a lawyer.
While Idaho doesn't technically require you to get your POA notarized, notarization is strongly recommended. Many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Under Idaho law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. Idaho also allows remote notarization by a notary who is present through real-time audio-video technology. (Idaho Code §§ 15-12-105 and 51-114A (2023).)
Idaho offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Idaho lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Idaho, your POA is durable (effective even after your incapacitation) unless it explicitly states that it terminates when you become incapacitated. (Idaho Code § 15-12-104 (2023).)
As mentioned above, in Idaho, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk and recorder's office in Idaho) in the county where you own real estate. This will allow the clerk and recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Idaho allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Idaho Code § 15-12-111 (2023).)
Your POA is effective immediately unless it explicitly states that it takes effect at a future date. (Idaho Code § 15-12-109 (2023).)
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Idaho, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead. (Idaho Code § 15-12-110 (2023).)
For more on Idaho estate planning issues, see our section on Idaho Estate Planning.
]]>Here’s a quick checklist for making a will in Idaho:
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Idaho, if you die without a will, your property will be distributed according to state "intestacy" laws. Idaho's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Idaho, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in Idaho, you must be:
(Idaho Code § 15-2-501 (2023).)
You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see “Can I Make a Digital or Electronic Will?,” below.) Type and print your will using a computer, or you can use a typewriter.
Idaho does permit handwritten wills, but they are usually not a good idea. (Idaho Code § 15-2-503 (2023).)
To finalize your will in Idaho:
(Idaho Code § 15-2-505 (2023).)
Although Idaho allows an "interested person" who stands to inherit under your will to serve as a witness, it is usually not a good idea. (Idaho Code § 15-2-502 (2023).)
Handwritten (holographic) wills do not have to be witnessed if the signature and the material provisions of the will are in the will maker's handwriting. (Idaho Code § 15-2-503 (2023).)
No, in Idaho, you do not need to notarize your will to make it legal.
However, Idaho allows you to make your will "self-proving" and you'll need to use a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Idaho Code § 15-2-504 (2023).)
Idaho also allows remote notarization by a notary who is present through real-time audio-video technology. (Idaho Code § 51-114A (2023).)
Yes. In Idaho, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.
In Idaho, you may revoke or change your will at any time. You can revoke your will by:
(Idaho Code § 15-2-507 (2023).)
If you and your spouse divorce (or if a court determines that your marriage is not legal), Idaho law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule does not apply if you specifically state in your will that divorce should not affect the provisions in your will or you remarry your spouse. (Idaho Code § 15-2-508 (2023).)
If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Idaho allows electronic wills (e-wills). An e-will is a will that you can make, sign, and have witnessed in a digital format without ever printing it out. (Idaho Code § 15-2-1105 (2023).)
The requirements for making a valid e-will can be complicated, and the concept is still fairly new. As a result, e-wills are still not commonplace. For more details on Idaho's specific approach to e-wills, see What Is an Electronic Will?
You can find Idaho’s laws about making wills here: Idaho Statutes Title 15 Uniform Probate Code Chapter 2 Intestate Succession - Wills Part 5 Wills.
]]>In Idaho, a death certificate must be filed with the local registrar within five days. (Idaho Code § 39-260.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person's remains will prepare and file the death certificate. The easiest way to get copies of a death certificate is to ask this person or organization to order them for you at the time of the death.
If you're the executor of the estate (in charge of wrapping up the deceased person's affairs), you should ask for at least 10 certified copies. You'll need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
If you need to order copies after some time has passed, visit the website of the Idaho Department of Health and Welfare. From the DHW website, you can download a mail-in order form or find a link to order death certificates online.
You must provide a photocopy of an acceptable form of identification, such as a government issued photo ID. Each certified copy of an Idaho death certificate costs $16. Additional processing fees apply for online orders.
In Idaho, a death certificate may be issued to anyone who can show a “direct and tangible interest” in the certificate. Those who have such an interest include the deceased person's:
It might also include an attorney, legal guardian, or government agency. When applying for the certificate, you'll also need to state the purpose. For more details, see the Idaho death certificate application form and Idaho Code § 39-270.
Usually two separate people complete the death certificate. The funeral director is in charge of filing the death certificate and filling out the personal data (obtained from next of kin). The deceased person's attending physician, physician assistant, or advanced practice registered nurse must also complete the medical certification portion of the death certificate (which states cause of death) within 72 hours from the time of death. The state has the discretion to stretch this deadline if these rules would cause an "undue hardship." However, the medical certification must be completed by 15 days after the filing of the death certificate. (Idaho Code § 39-260.)
If the death was due to a reason other than natural causes or no medical professional is able to certify the cause of death, the case is referred to the coroner.
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In Idaho, a body must be either embalmed or refrigerated if burial or cremation will not occur within 24 hours. (Idaho Admin. Rules § 24.08.01.452.) Embalming is also required if a body is to be transported out of state. (Idaho Code § 1120.)
A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. (Learn more about your consumer rights under the FTC Funeral Rule.) You may also build your own casket, if you prefer.
Water cremation or aquamation (also known as "alkaline hydrolysis" and many other terms) is a chemical process that reduces a human body to components of liquid and bone. It is considered a greener alternative to cremation because it uses less energy and doesn't release matter into the atmosphere.
Water cremation was legalized in Idaho in 2014. (Not all states have recognized the practice yet.) The Rules of the State Board of Morticians in Idaho now mentions "alkaline hydrolysis" and requires crematories offering water cremation to provide detailed information on the vessel and documentation on sterilization.
While water cremation or aquamation is technically legal, you might be able to find only a small number of facilities offering the service in Idaho, which may mean traveling a distance to access it. The equipment is expensive and public demand is still small, though it's growing. With time, facilities offering water cremation may become more common.
If you're interested in this option for yourself, you may want to explore pre-planning your final arrangements. Water cremation tends to cost a little more than traditional cremation. (For example, see this 2023 NPR interview on water cremation in which one funeral home prices its water cremation service at $1,000 more than traditional cremation.)
Learn more about alkaline hydrolysis.
Most bodies are buried in established cemeteries, but burial on private property is possible in Idaho. (See the Idaho state FAQ on death.) Before conducting a home burial or establishing a family cemetery, check with the county or town clerk for any local zoning laws you must follow.
Just as a funeral director would, the person having possession of the body must make a written report to the registrar. This report serves as a permit to transport, bury, or entomb the body within the state. (Idaho Code § 39-268.)
In Idaho, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, see Burial at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.
For more information about funeral laws in Idaho, see Idaho Home Funeral Laws.
To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.
Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.
]]>Idaho offers a procedure that allows inheritors to skip probate altogether. To qualify, the estate must meet these requirements:
(Idaho Code § § 15-3-1201.) The affidavit also can't be used to transfer real estate—only "personal property," which is essentially everything but real estate.
If your estate meets the requirements listed above, all your inheritor has to do is fill out a simple document, called an Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding. This document states that the estate meets the requirements set out above, and also describes the property being collected. The inheritor will sign the document under oath and have it notarized.
Next, the inheritor goes to the person or institution holding the property—for example, a bank where the deceased person had an account—and presents the following:
After that, the person or institution releases the asset. This process skips probate court entirely.
Another probate shortcut that Idaho offers is a simplified probate process for small estates, called "summary administration" (or "summary probate"). Unlike the affidavit procedure discussed above, summary administration does not allow your survivors to skip probate. However, the probate process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.
You can use summary administration in Idaho if the value of the entire estate, less liens and encumbrances, does not exceed the value of:
(Idaho Code §§ 15-3-1203.) So what does all this mean? It's tricky not to have an exact dollar amount to compare against the size of your estate, but it really depends on your circumstances—for example, whether you leave behind a spouse and/or children.
The bottom line is that if the size of your estate doesn't exceed these amounts, which can be set aside from your estate by law, your executor or personal representative can wrap up your estate in probate court very quickly because there aren't any remaining assets after these amounts are paid out.
To begin summary administration in Idaho, you'll have to open a probate case in probate court, just like regular probate. You'll also request to be appointed as the personal representative. However, you'll be able to skip these steps of regular probate:
Once the court has approved, and you've distributed all of the property, you'll file a closing statement with the court. You'll also send a copy of the statement to anyone who received property and any creditors.
A surviving spouse of the deceased person who is inheriting everything can also use a simplified probate procedure, regardless of the value of the estate. The surviving spouse will need to do the following:
(Idaho Code § 15-3-1205.) Once the court issues a decree (which states that the surviving spouse was married to the deceased person, and that the surviving spouse is the sole inheritor), all property can be transferred to the surviving spouse. There's no further probate proceedings, closing statements, or waiting periods required.
For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).
For more on Idaho estate planning issues, see our section on Idaho Estate Planning.
]]>A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. These trusts can be modified or revoked at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you are alive, you retain control of the trust and its property. In your trust document, you will also name a "successor trustee" to take over and manage the trust (distribute your property) after you die. (If you create a shared living trust, as is often done by spouses, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts cannot be revoked or modified after they are signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
However, Idaho is one of the states that has adopted the Uniform Probate Code, a model law that streamlines the probate process. In other words, probate in Idaho might not be quite as cumbersome as it is in other states.
In addition, Idaho has simplified probate processes for "small" estates. If you leave behind less than $100,000, your inheritors can skip probate altogether and use a simple affidavit to claim property. (But this option is not available if you leave behind certain kinds of real estate.) Your estate can also qualify for a separate probate shortcut if (1) you don't leave behind more than certain allowances determined by Idaho law, or (2) your spouse will inherit everything from you. (See Probate Shortcuts in Idaho for more details.)
If you qualify for one of these probate shortcuts, or if you are satisfied with Idaho's more streamlined probate procedures, you might very reasonably decide you don't need to make a living trust just to avoid probate. Still, there are a few other advantages of making a living trust. (See Living Trust vs. Will.)
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by Idaho state law.
Probably not. Most people do not need to worry about federal estate taxes because the federal estate tax is levied only on estates worth close to $12 million. Idaho does not have its own estate tax.
That said, if you have an estate worth close to $12 million (or you and your spouse or partner have a combined estate of close to $24 million), you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid estate taxes.
To make a living trust in Idaho, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, and many other useful documents. Use it just for yourself or for your entire family.
For more on Idaho estate planning issues, see Idaho Estate Planning.
]]>In Idaho, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then—and this is crucial—you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In Idaho, this form of joint ownership is available:
In Idaho, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.
Idaho lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
Idaho does not allow real estate to be transferred with transfer-on-death deeds.
Idaho does not allow transfer-on-death registration of vehicles.
Even if you don't do any planning to avoid probate, your estate may qualify for Idaho's simplified "small estate" probate procedures. For more details, see Probate Shortcuts. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).
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