Idaho State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Idaho Code
Probate jurisdiction rests with the District Court
Probate laws are primarily under Title 15

Minimum age requirement to:

Distribute property by will: 18, but if emancipated from parents then no minimum age (Section 15-2-501)
Which minor gets property: 21

Holographic will recognized (Section 15-2-503)

State taxes:

Estate tax: Equal to federal credit for state death taxes minus amount paid to state inheritance tax (Section 14-401 to 14-413)
State gift tax:Inheritance tax: Up to 30% (Section 14-401 to 14-413)
- No state gift tax (Section 14-401 to 14-413)
- Anatomical Gift Act (Section 39-3413)
Inheritance tax: Up to 30% (Section 14-401 to 14-413)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession:

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share (Section 15-2-103(a))
Surviving spouse and
- Children of surviving spouse:
  - $50,000, all of your community property, and one-half (1/2) of your separate property to your surviving spouse, and
  - The other one-half of your separate property to your children equally or to their children according to their per stirpes share
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - $50,000, all of your community property, and one-half (1/2) of your separate property to your surviving spouse, and
    - The other one-half of your separate property to your children equally or to their children according to their per stirpes share
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - $50,000, all of your community property, and one-half (1/2) of your separate property to your surviving spouse, and
      - The other one-half of your separate property to your surviving parents
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) equally or to their surviving children. If none, then to one-half (1/2) to living maternal grandparents or their children according to their per stirpes share, and the other one-half (1/2) to living paternal grandparents or their children according to their per stirpes share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 15-2-302), andChildren, born or adopted (Section 15-2-301)
- Surviving spouse must be given:
  - One-half (1/2) of all community property (Section 15-2-301)
Children, born or adopted (Section 15-2-301)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse, unless will expressly provides for divorced surviving spouse (Section 15-2-802)
You get married without changing your will that does not provide for your new spouse:
- Revokes will as to spouse, unless will expressly provides for spouse, but spouse may still be entitled to shares under state intestate law (Section 15-2-301)

Witnesses:

Minimum number of witnesses required: Two (Section 15-2-502)
Are witnesses allowed to be beneficiaries?: Yes (Section 15-205)
- Requirements to be a witness, witnesses must be an adult, and no other restrictions apply

Property ownership (Section 32-903, 32-906, and 55-508):

Community property state
Jointly held property is presumed to be held as tenancy in common, unless title expressly and clearly creates a joint tenancy with right of survivorship, or property is acquired as partnership or as community property
Bank account deposits held jointly are payable to any survivor named in the bank account, unless there is clear evidence that the deposit is payable only to specified survivor
Tenancy by the entirety is not recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 15-2-504)
Living Will (Section 39-4504) Requires a determination by two physicians of terminal condition that will result in death without using life-sustaining procedures, or you are in a persistent vegetative state
Durable Power of Attorney for Health Care (Section 39-4505)
Durable Power of Attorney (Section 15-5-503)