About Idaho,
Idaho treats most property acquired during marriage as community property. Without a will, the spouse receives the decedent’s one‑half of community property and a defined share of separate property under the intestacy statute. An affidavit can transfer personal property when the total probate estate does not exceed $100,000. Idaho has no estate or inheritance tax.
Idaho is a community property state, meaning assets acquired during the marriage are generally owned equally by both spouses. This classification directly shapes what passes through probate and what belongs to you outright.
Without a will, Idaho intestate law (Idaho Code § 15-2-102) determines your share. The small-estate threshold is $100,000 for personal property via small estate affidavit., and typical probate takes 6-12 months for a simple estate..
Idaho does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Idaho classifies marital property and what a surviving spouse typically receives if there is no will.
How Idaho Classifies Marital Property
Community Property (Idaho Code § 32-906)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | The surviving spouse receives the entire estate. |
| Children from marriage | The surviving spouse receives all of the community property and one-half of the decedent's separate property. |
| Children from prior relationship | The surviving spouse receives all of the community property and one-half of the decedent's separate property. |
50% of the decedent's quasi-community property.
Deadline to File
- Idaho filing window
- Within nine (9) months after the death of the decedent or six (6) months after the date of filing of the petition for probate, whichever is later.
Home Protections for Surviving Spouses
A surviving spouse is entitled to a homestead allowance of $50,000. This is a monetary allowance and is exempt from and has priority over all claims against the estate. It is not a right to occupy the home.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $100,000 for personal property via small estate affidavit. |
| Typical probate timeline | 6-12 months for a simple estate. |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Idaho does not have a state estate tax or an inheritance tax. |
Deadlines You Cannot Afford to Miss
Idaho-Specific Rules
Idaho is a community property state. To inherit, a person must outlive the decedent by 120 hours.
Idaho Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Idaho
Reviewed August 16, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Idaho.
- Is Idaho a community property state?
- Idaho is classified as Community Property. Community Property (Idaho Code § 32-906)
- What does a surviving spouse inherit without a will in Idaho?
- No children: The surviving spouse receives the entire estate. With children: The surviving spouse receives all of the community property and one-half of the decedent's separate property. Stepchildren or children from a prior relationship: The surviving spouse receives all of the community property and one-half of the decedent's separate property.
- What is the elective share right in Idaho?
- 50% of the decedent's quasi-community property. Deadline: Within nine (9) months after the death of the decedent or six (6) months after the date of filing of the petition for probate, whichever is later.
- What is the small-estate threshold in Idaho?
- $100,000 for personal property via small estate affidavit.. Typical probate timeline: 6-12 months for a simple estate.
- Does Idaho have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Idaho does not have a state estate tax or an inheritance tax.
- What deadlines matter most for widows in Idaho?
- Probate filing deadline: within 3 years of the decedent's death; Elective share deadline: within 9 months of the decedent's death or 6 months of the probate filing, whichever is later.
- Does Idaho impose an estate or inheritance tax?
- No. Idaho’s state estate tax expired for deaths after 2004, and there is no inheritance tax.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Idaho.
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