The following are excerpts from Idaho’s intestacy laws. Please reference the full body of the Idaho Uniform Probate Code at the Idaho Legislature’s site for any changes to those laws that may not be reflected below.
You can also open the Idaho Intestacy Evaluator™ to see the distribution of a Idaho intestate estate based upon unique family and financial circumstances.
15-2-101. INTESTATE ESTATE
Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code.
15-2-102. SHARE OF THE SPOUSE
The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.
(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse. [end of text]
15-2-103. SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE
The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows:
(a) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(b) If there is no surviving issue, to his parent or parents equally;
(c) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one (1) or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparents on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
15-2-104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS
Any person who fails to survive the decedent by one hundred twenty (120) hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty (120) hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 15-2-105 of this Part.
15-2-106. REPRESENTATION
If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one (1) share and the share of each deceased person in the same degree being divided among his issue in the same manner.
15-2-107. KINDRED OF HALF BLOOD
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
15-2-108. AFTERBORN HEIRS
Relatives of the decedent conceived by natural or artificial means before his death but born within ten (10) months after the decedent’s date of death, shall inherit as if they had been born in the lifetime of the decedent.
15-2-109. MEANING OF CHILD AND RELATED TERMS
If, for purposes of intestate succession, a relationship of parents and child must be established to determine succession by, through, or from a person:
(a) An adopted person is a child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent and adoption by the spouse of a natural parent has no effect on the relationship between the child and a deceased, undivorced natural parent.
(b) In cases not covered by subsection (a) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
(2) The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subparagraph (2) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.