Idaho Wills & Probate Overview

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

When a person dies, Idaho law decides who receives the person’s property and how the estate is settled. Most of those rules are in Title 15 of the Idaho Code, the Uniform Probate Code. Any part of an estate that a will does not effectively dispose of passes to the person’s heirs (Idaho Code § 15-2-101).

This overview explains Idaho’s rules on making and changing a will, what happens without a will, protections for a surviving spouse and children, and each stage of probate. It is general information for people planning ahead, family members, and anyone named to handle an estate.

Key Idaho Probate Terms

• Will: a testamentary instrument. The term includes a codicil and any testamentary instrument that merely appoints an executor or revokes or revises another will (Idaho Code § 15-1-201(56)).
• Devisee: any person named in a will to receive a devise, meaning a gift of real or personal property by will (§ 15-1-201(11), (12)).
• Heirs: the persons, including the surviving spouse, who are entitled to a decedent’s property under the statutes of intestate succession (§ 15-1-201(22)).
• Personal representative: the person who administers the estate. The term includes an executor, administrator, successor personal representative, and special administrator (§ 15-1-201(35)).
• Court and registrar: the court is the district court, and the registrar is a magistrate or district judge who performs the registrar’s functions (§ 15-1-201(8), (42)).
• Informal and formal proceedings: informal proceedings are handled by a registrar without notice to interested persons; formal proceedings are held before a judge with notice to interested persons (§ 15-1-201(20), (24)).

How Probate Works in Idaho: The Basics

At death, a person’s separate property passes to the devisees named in the will, or to the heirs if there is no will. The decedent’s share of community property passes to the devisees under the will or, if there is no will, to the surviving spouse (Idaho Code § 15-3-101). All of this is subject to the homestead allowance, exempt property, renunciation, creditors’ rights, the surviving spouse’s elective share, and administration (§ 15-3-101).

To be effective to prove the transfer of property or to nominate an executor, a will generally must be declared valid by an order of informal probate by the registrar or an adjudication of probate by the court (Idaho Code § 15-3-102). Exceptions include the small estate affidavit procedure (§ 15-3-102; § 15-3-1201).

To gain the powers of a personal representative, a person must be appointed by the court or registrar, qualify, and be issued letters (Idaho Code § 15-3-103). Administration of an estate begins when letters are issued (§ 15-3-103).

The first probate or appointment proceeding is filed in the county where the decedent was domiciled at death. If the decedent was not domiciled in Idaho, it may be filed in any county where the decedent’s property was located at death (Idaho Code § 15-3-201(a)).

Topics in This Overview

• Making a Valid Will: who can make a will, signing and witness rules, handwritten wills, self-proved wills, electronic wills, and the state will registry.
• Changing or Revoking a Will: revoking by a later will or by physical act, reviving a revoked will, and the effect of divorce or annulment.
• How Wills Are Interpreted: rules of construction, gifts to people who die first, the 120-hour survival rule, and contracts about wills.
• Dying Without a Will: who inherits under intestate succession, including the treatment of community and separate property.
• Spouse and Children Protections: the elective share, omitted spouses and children, the homestead allowance, and exempt property.
• Will Contests: formal testacy proceedings, time limits, and who has the burden of proof.
• Small Estate Affidavit: collecting property by affidavit and summary procedures for small estates.
• Informal vs. Formal Probate: informal probate and appointment, formal testacy proceedings, and supervised administration.
• Personal Representative Duties: appointment, bond, powers, duties, inventory, compensation, and removal.
• Creditor Claims: notice to creditors, deadlines for claims, and how claims are allowed and paid.
• Closing an Estate: distribution, closing statements, compromises, and estate tax apportionment.
• Nonprobate Transfers: multiple-party accounts, payment or transfer at death, transfer-on-death securities, and community property with right of survivorship.
• Out-of-State Estates: foreign personal representatives and estates with property in more than one state.
• Digital Assets: when a personal representative or other fiduciary may access a person’s digital assets.
• Glossary: definitions of key Idaho probate terms.

Key Idaho Probate Deadlines at a Glance

The table below lists time limits set by the Idaho Code. Many have exceptions, so each linked topic page and the cited section should be checked for details.

Event	Time limit	Source
Heir must outlive the decedent to inherit without a will	120 hours, or the heir is treated as having died first (with an exception)	Idaho Code § 15-2-104
Devisee must outlive the testator to take under a will	120 hours, unless the will has its own survival or simultaneous-death language	§ 15-2-601
Earliest use of a small estate affidavit	30 days after death; probate estate, less liens and encumbrances, may not exceed $100,000	§ 15-3-1201(a)
Personal representative informs heirs and devisees of appointment	Not later than 30 days after appointment (except a special administrator)	§ 15-3-705
Personal representative prepares inventory	Within 3 months after appointment (with exceptions)	§ 15-3-706
Published notice to creditors (optional)	Published once a week for 3 successive weeks; claims due within 4 months after first publication	§ 15-3-801(a)
Written notice mailed or delivered to a creditor	Claim due within 4 months after published notice or 60 days after mailing or delivery, whichever is later	§ 15-3-801(b)
Outside limit for claims that arose before death (other than state tax claims)	Earlier of 3 years after death or the notice deadline	§ 15-3-803(a)
Creditor’s response to a disallowed claim	60 days after notice of disallowance is mailed, if the notice warns of the bar	§ 15-3-806(a)
Surviving spouse’s petition for elective share	9 months after death or 6 months after the petition for probate is filed, whichever is later; the court may extend for cause	§ 15-2-205(a)
Filing a renunciation (disclaimer)	Generally within 9 months after the transfer or death, whichever is later	§ 15-2-801(2)
Starting probate or appointment proceedings	Generally no more than 3 years after death	§ 15-3-108
Contesting an informally probated will	Later of 12 months from informal probate or 3 years from death	§ 15-3-108(3)
Closing an estate by sworn statement	No earlier than 6 months after the original appointment of a general personal representative	§ 15-3-1003(a)
Claims against the personal representative for breach of fiduciary duty	Within 6 months after the closing statement is filed (fraud, misrepresentation, and inadequate disclosure excepted)	§ 15-3-1005
Personal representative’s appointment ends after closing statement	1 year after filing, if no proceedings involving the personal representative are pending	§ 15-3-1003(b)
Recovery from distributees	Later of 3 years after death or 1 year after distribution; a decedent’s creditor, 3 years after death	§ 15-3-1006

How I Can Help

I help Idaho families prepare wills and work through probate, from deciding whether an estate needs a court proceeding to meeting the deadlines above and closing the estate. I can review your documents, explain how the Idaho Code applies to your circumstances, and guide a personal representative through each step. Request a consultation to discuss your situation.

This page provides general information about Idaho wills and probate, based on the Idaho Code, and is not legal advice. Court rules and case law also affect these matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.