What happens in Idaho if I die without a will?

I'm often asked what happens when someone passes away without a will. The answer isn't always what people expect, and it's rarely what they would have chosen for their loved ones. Let’s walk through Idaho's relevant laws and explain why having a will or trust is so important.  

Idaho's Intestacy Laws: The State Decides for You 

When you die without a will in Idaho, you're considered to have died "intestate." This means Idaho's intestacy statutes (found in Idaho Code Title 15, Chapter 2) will determine who inherits your property. The state essentially writes a will for you — but it's probably not the one you would have written yourself. 

Here's how Idaho distributes your assets if you die without a will: 

If you're married: 

• Your spouse inherits your half of community property 

• For separate property: If you have children only with your spouse, they get everything 

• If you have children from another relationship, your spouse gets half of your separate property, and your children split the other half 

If you're unmarried with children: 

• Your children inherit everything in equal shares 

• If a child has predeceased you, their children (your grandchildren) inherit their parent's share 

If you have no spouse or children: 

• Your parents inherit everything 

• If your parents are deceased, your siblings inherit in equal shares 

• If no siblings, the estate goes to more distant relatives according to a specific order 

If you have no living relatives: 

• Your entire estate goes to the State of Idaho 

Why You Need a Will or Trust 

1. You Choose Who Inherits 

Without a will, you have no say in who receives your assets. Maybe you wanted to leave something special to a close friend, support a favorite charity, or ensure your nephew gets your classic car. Without a will, none of these wishes will be honored. 

2. Protect Minor Children 

This is perhaps the most critical reason for parents of minor children to have a will. If you die without naming a guardian for your minor children, the court will decide who raises them. This decision might not align with your values or wishes. A will lets you choose the guardian you trust most. 

3. Avoid Family Conflicts 

Too many families are torn apart by disputes over an estate. When there's no clear directive from the deceased, family members may fight over who gets what. A will or trust provides clear instructions that can reduce or prevent these painful conflicts. 

4. Minimize Costs and Delays 

Dying intestate often means a longer, more expensive probate process. The court must determine your heirs, which can involve tracking down distant relatives. This takes time and money — resources that should go to your loved ones, not legal proceedings. 

5. Plan for Incapacity 

While a will only takes effect after death, a comprehensive estate plan (including powers of attorney and healthcare directives) protects you during life if you become incapacitated. These documents ensure someone you trust can make decisions on your behalf. 

6. Consider a Trust for Additional Benefits 

For many Idaho residents, a revocable living trust offers even more advantages: 

• Avoids probate entirely, saving time and money 

• Provides privacy (wills become public record) 

• Offers more control over when and how beneficiaries receive assets 

• Can protect assets from beneficiaries' creditors in certain circumstances 

The Bottom Line 

Idaho's intestacy laws are rigid and impersonal. They don't account for your unique family situation, your values, or your wishes. They don't recognize unmarried partners, stepchildren you haven't adopted, or close friends who've been like family. 

Creating a will or trust isn't about having substantial wealth — it's about having control. It's about making things easier for the people you love during an already difficult time. It's about ensuring your legacy, whatever its size, goes where you want it to go. 

Don't let the state of Idaho make these important decisions for you. Take control of your legacy today by creating an estate plan that reflects your wishes and protects your loved ones. 

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning probating estates or creating estate planning documents.

• • •

Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, Info@KootenaiLaw.com, or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.