Idaho Probate Glossary: Key Terms Defined

Part of my 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)

In This TopicIdaho Wills & ProbateTopic 15 of 15: Glossary

Idaho’s probate code uses many terms with specific legal meanings. The general definitions are in Idaho Code § 15-1-201, and they apply throughout the code unless the context otherwise requires (Idaho Code § 15-1-201). They are subject to additional definitions in later chapters that apply to specific chapters or parts (§ 15-1-201).

This glossary explains key terms in plain English, with the section where each is defined. It is meant for anyone reading a will, a probate filing, or the other pages in this overview.

People and Roles

Term	Meaning under the Idaho Code
Beneficiary	For trusts, a person with any present or future interest, vested or contingent, including someone who owns an interest by assignment or transfer. For a charitable trust, it includes anyone entitled to enforce the trust (§ 15-1-201(3)).
Child	Anyone entitled to take as a child by intestate succession from the parent in question. It excludes a person who is only a stepchild, foster child, grandchild, or more remote descendant (§ 15-1-201(4)).
Conservator	A person appointed by a court to manage the estate of a protected person, including a limited conservator (§ 15-1-201(7)).
Devisee	A person named in a will to receive a devise. If a will leaves property to a trust or trustee, the trust or trustee is the devisee, not the trust beneficiaries (§ 15-1-201(12)).
Distributee	A person who has received a decedent’s property from the personal representative, other than as a creditor or purchaser (§ 15-1-201(14)).
Emancipated minor	Any male or female who has been married (§ 15-1-201(15)).
Fiduciary	Includes a personal representative, guardian, conservator, and trustee (§ 15-1-201(18)).
Foreign personal representative	A personal representative of another jurisdiction (§ 15-1-201(19)). See out-of-state estates.
Guardian	A person who has qualified as guardian of a minor or incapacitated person by testamentary or court appointment, including a limited guardian, but not someone who is only a guardian ad litem (§ 15-1-201(21)).
Heirs	The people, including the surviving spouse, entitled under the intestate succession statutes to a decedent’s property (§ 15-1-201(22)). See dying without a will.
Incapacitated person	A person impaired, other than by being a minor, to the extent he lacks sufficient understanding or capacity to make or communicate responsible decisions about his person. Incapacity is a legal, not a medical, disability. The term does not refer to a developmentally disabled person as defined in § 66-402(5) (§§ 15-1-201(23), 15-5-101(a)).
Interested person	Includes heirs, devisees, children, spouses, creditors, beneficiaries, and others with a property right in or claim against the estate that may be affected by the proceeding, plus persons with priority for appointment as personal representative. Its meaning can vary with the purpose of each proceeding (§ 15-1-201(25)).
Issue	All of a person’s lineal descendants of all generations (§ 15-1-201(26)).
Minor	A person under eighteen (18) years of age (§ 15-1-201(29)).
Nonresident decedent	A decedent who was domiciled in another jurisdiction at death (§ 15-1-201(31)).
Parent	Anyone entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child. It excludes a person who is only a stepparent, foster parent, or grandparent (§ 15-1-201(33)).
Personal representative	Includes an executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. A “general personal representative” excludes a special administrator (§ 15-1-201(35)). See personal representative duties.
Protected person	A minor or other person for whom a conservator has been appointed or another protective order has been made (§§ 15-1-201(39), 15-5-101(c)).
Registrar	A magistrate or district judge who performs the acts the code assigns to the registrar (§§ 15-1-201(42), 15-1-307).
Special administrator	A personal representative as described in §§ 15-3-614 through 15-3-618 (§ 15-1-201(47)).
Successor personal representative	A personal representative, other than a special administrator, appointed to succeed a previously appointed personal representative (§ 15-1-201(49)).
Successors	Persons, other than creditors, entitled to a decedent’s property under the will or the probate code (§ 15-1-201(50)).
Trustee	An original, additional, or successor trustee, whether or not appointed or confirmed by a court (§ 15-1-201(54)).
Ward	A person for whom a guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority (§§ 15-1-201(55), 15-5-101(d)).

Property and the Estate

Term	Meaning under the Idaho Code
Augmented estate	The estate described in § 15-2-202 (§ 15-1-201(2)). That section lets a surviving spouse, in listed situations, require a person to restore to the estate quasi-community property the decedent transferred to that person without adequate consideration and without the spouse’s consent (§ 15-2-202). See spouse and children protections.
Claims	For estates of decedents and protected persons, liabilities of the decedent or protected person, whether in contract, tort, or otherwise, and liabilities of the estate arising at or after death (or after a conservator’s appointment), including funeral expenses and administration expenses. It does not include estate or inheritance taxes, other tax obligations arising from the estate’s activities or transactions, or disputes about the decedent’s or protected person’s title to specific assets (§ 15-1-201(5)). See creditor claims.
Community property	As defined in Idaho Code § 32-906 (§ 15-1-201(6)). Under that section, all property acquired after marriage by either spouse, other than separate property, is community property. Income, including rents, issues, and profits, from separate or community property is also community property, unless the conveyance or a written agreement of both spouses specifically provides otherwise (Idaho Code § 32-906(1)).
Devise	As a noun, a testamentary disposition (a gift by will) of real or personal property. As a verb, to dispose of real or personal property by will (§ 15-1-201(11)).
Estate	All property of the decedent, including community property of the surviving spouse subject to administration, property of trusts, and property of any other person whose affairs are subject to the code, as it exists from time to time during administration (§ 15-1-201(16)).
Exempt property	The property described in § 15-2-403 (§ 15-1-201(17)). Under that section, the surviving spouse is entitled to value up to $10,000, above any security interests, in tangible personal property such as household furniture, automobiles, and personal effects; if there is no surviving spouse, the children are jointly entitled (§ 15-2-403).
Property	Both real and personal property or any interest in them, and anything that may be the subject of ownership (§ 15-1-201(38)).
Quasi-community property	The property defined in § 15-2-201 (§ 15-1-201(41)). It generally covers personal property wherever located, and Idaho real property, acquired by the decedent while domiciled elsewhere that would have been community property if the decedent had been domiciled in Idaho when it was acquired (§ 15-2-201(b)).
Separate property	As defined in Idaho Code § 32-903 (§ 15-1-201(44)). Under that section, a spouse’s separate property is property owned before marriage, property acquired afterward by gift, bequest, devise, or descent, and property acquired with the proceeds of separate property (Idaho Code § 32-903).
Settlement	For a decedent’s estate, the full process of administration, distribution, and closing (§ 15-1-201(45)). See closing an estate.
Will	A testamentary instrument, including a codicil and any testamentary instrument that only appoints an executor or revokes or revises another will (§ 15-1-201(56)). See making a valid will.

Courts, Proceedings, and Documents

Term	Meaning under the Idaho Code
Application	A written request to the registrar for an order of informal probate or appointment under part 3 of chapter 3 (§ 15-1-201(1)).
Court	The court or branch with jurisdiction over the affairs of decedents, minors, and incapacitated and disabled persons. In Idaho this is the district court (§ 15-1-201(8)).
Determination of heirship	The determination of heirs required by § 15-3-409 on a finding of intestacy (§ 15-1-201(10)).
Formal proceedings	Proceedings conducted before a judge with notice to interested persons (§ 15-1-201(20)).
Informal proceedings	Proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative (§ 15-1-201(24)). See informal vs. formal probate.
Letters	Includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship (§ 15-1-201(28)).
Petition	A written request to the court for an order after notice (§ 15-1-201(36)).
Supervised administration	The proceedings described in part 5 of chapter 3 (§ 15-1-201(51)).
Testacy proceeding	A proceeding to establish a will or determine intestacy (§ 15-1-201(52)). See will contests.

Terms Defined in Other Chapters

Some terms are defined only for one chapter. For example, “joint account,” “P.O.D. account,” and “trust account” are defined for multiple-party accounts in Idaho Code § 15-6-101, as explained on the nonprobate transfers page. “Digital asset,” “custodian,” and “online tool” are defined in § 15-14-102, as explained on the digital assets page.

How I Can Help

Probate papers can be hard to follow when every word has a legal meaning. I explain these terms as they apply to your situation and help you understand the Idaho documents and deadlines in front of you. 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.