What the rule says
Idaho's intestacy framework, codified at Idaho Code § 15-2-102, reflects its status as a community property state and its adoption of the Uniform Probate Code:
Community property
The surviving spouse takes the entire community property — both halves.
Separate property
- Spouse but no descendants: The spouse takes the entire separate property. - Spouse and any descendants (mutual or otherwise): The spouse takes one-half of the separate property; descendants take one-half. - Descendants but no spouse: Descendants take the entire estate by representation.
Idaho does not differentiate between mutual and prior-relationship descendants for the separate property formula — the same one-half / one-half split applies regardless. This is more spouse-favorable than New Mexico (1/4 with prior-relationship descendants) but similar to Washington and Arizona.
What this means in practice
- Idaho resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $300,000 community property + $200,000 separate property. Spouse takes all $300,000 community + $100,000 separate (1/2) = $400,000. Children together take $100,000 separate. - Idaho resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate: $200,000 community + $200,000 separate. Spouse takes $200,000 community + $100,000 separate (1/2) = $300,000. Child takes $100,000 separate.
What you can do about it
- Idaho will requirements (Idaho Code § 15-2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - Idaho recognizes harmless-error doctrine under § 15-2-503. - Idaho recognizes holographic wills under § 15-2-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Idaho Code § 15-2-203, surviving spouse can elect against the will.
Who this affects most
Idaho's intestacy framework is most consequential for married Idaho residents with significant separate property and blended families.