✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Idaho — exactly who inherits under Idaho’s intestate-succession law, and what surprises families most. All shares are from Idaho statute, verified as of June 2026.
In This Idaho Guide:
Who Inherits When There Is No Will in Idaho
Here is exactly how Idaho divides an estate when there is no will:
| If the person leaves… | Who inherits in Idaho |
|---|---|
| Spouse, no children | The surviving spouse inherits all of the decedent’s community property (the decedent’s 1/2). For separate property: if no surviving parent, the spouse inherits the entire separate estate; if a parent survives, the spouse inherits 1/2 of the separate estate and the parent(s) inherit the other 1/2. Idaho Code 15-2-102. |
| Spouse + shared children | Idaho does NOT distinguish between shared children and stepchildren. If ANY children (issue) survive, the surviving spouse inherits all of the decedent’s 1/2 of community property plus 1/2 of the separate property estate. The children share the other 1/2 of the separate property equally (or by representation if a child predeceased leaving descendants). Idaho Code 15-2-102(a)(3) and 15-2-103. |
| Spouse + children from another relationship | Same as shared children — Idaho treats all surviving issue of the decedent identically. The surviving spouse receives all of the decedent’s community property plus 1/2 of the separate property. The children (whether shared or from another relationship) share the other 1/2 of the separate property equally or by representation. Idaho Code 15-2-102. |
| Children, no spouse | Children inherit the entire estate equally. If a child predeceased the decedent but left surviving descendants, those descendants take the deceased child’s share by representation. Idaho Code 15-2-103(a). |
| No spouse, no children | The estate passes in this order: (1) to the decedent’s parent(s) equally; (2) if no parents, to the issue of the parents (siblings, nieces, nephews) by representation; (3) if none, 1/2 to paternal grandparents or their issue and 1/2 to maternal grandparents or their issue — if one side has no surviving relatives, the entire estate passes to the other side; (4) if no relatives at all, the estate escheats to the state. Idaho Code 15-2-103(a) through (d). |
| No living relatives (escheat) | The estate escheats to the State of Idaho only if there are no surviving heirs at any level. Under Idaho Code 14-113, unclaimed estate funds are ultimately distributed to the Idaho Public School Permanent Endowment Fund per Article IX, Section 4 of the Idaho Constitution. |
These shares come from Idaho intestate-succession law (Idaho Code 15-2-102 (surviving spouse share) and 15-2-103 (share of heirs other than surviving spouse), Title 15, Chapter 2).
How Idaho divides shares among descendants: Idaho uses per capita with representation (classic per stirpes under the 1969 Uniform Probate Code). The estate is divided into shares at the nearest generation with living heirs — each living heir in that generation takes one share, and the share of each deceased person in that generation passes by representation to their descendants. Idaho Code 15-2-106.
Idaho homestead and family allowance: Surviving spouse is entitled to a homestead allowance of 50000 (Idaho Code 15-2-402), plus up to 10000 in exempt personal property including household furniture, automobiles, appliances, and personal effects (Idaho Code 15-2-403), plus a reasonable family allowance for up to 1 year for maintenance of the spouse and minor or dependent children (Idaho Code 15-2-404).
All three are exempt from and have priority over all claims against the estate and are in addition to any share passing by will or intestacy. If there is no surviving spouse, minor children (under 21) or disabled children share the homestead allowance equally, and children are entitled jointly to the exempt property.
Half-blood relatives in Idaho: Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. A half-sibling has identical inheritance rights to a full sibling. Idaho Code 15-2-107.
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Assets That Pass Outside Idaho Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property with right of survivorship, and assets in a living trust pass outside of Idaho intestate succession rules and are not governed by Idaho Code Title 15 Chapter 2. Only property in the decedent’s individual name without a beneficiary designation goes through probate.
Other Idaho intestacy rules: Idaho is a community property state — property acquired during marriage is owned equally (50/50) by both spouses. Only the decedent’s 1/2 of community property enters the probate estate; the surviving spouse already owns their half outright. Under Idaho Code 15-2-102(b)(1), the decedent’s half of community property passes entirely to the surviving spouse regardless of whether children or parents survive.
An heir must survive the decedent by at least 120 hours (5 days) to inherit under Idaho Code 15-2-104; if survival by 120 hours cannot be established, the heir is deemed to have predeceased. Exception: the 120-hour rule does not apply if it would cause the estate to escheat with no living heirs.
Relatives conceived before the decedent’s death but born within 10 months after death inherit as if born during the decedent’s lifetime under Idaho Code 15-2-108.
What Dying Without a Will in Idaho Really Means
When someone dies without a will in Idaho, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Idaho divides an estate when someone is dying without a will in Idaho, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Idaho helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Idaho depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Idaho, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official Idaho Sources & Resources
- Idaho Court Self-Help: https://isc.idaho.gov/self-help
- Idaho Intestate Succession Statute: https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Idaho intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Idaho Wills & Probate Guides
- Idaho Wills & Estate Planning
- Idaho Probate Process
- Idaho Estate & Inheritance Tax
- Idaho Small Estate Affidavit
- Idaho Living Trust
- Probate Cost Calculator
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.