Tip – The proper handling of personal property is often overlooked in estate planning, yet it frequently becomes a source of family conflict. This tip explains why completing a tangible personal property list is important and how it can prevent disputes among family members.
What is a Tangible Personal Property List?
Under Idaho law, a tangible personal property list is a legally binding document that allows you to specify who receives your personal belongings after you pass away. This list can be referenced in your Will but exists as a separate document that you can update without having to formally amend your Will.
Legal Basis in Idaho
Idaho Code § 15-2-513 specifically authorizes the use of these lists, providing that:
- The list must be referenced in your Will
- The list can be created or modified after your Will is signed
- Items must be described with reasonable certainty
- The intended recipients must be clearly identified
Benefits of Completing This List
- Preserves Your Intentions: Ensures your sentimental items go to the people you specifically choose.
- Prevents Family Conflict: Often, the most heated disputes in estate administration involve items of relatively small monetary value but high emotional significance (jewelry, photographs, keepsakes, etc.).
- Reduces Administrative Burden: Provides clear direction to your personal representative, reducing the need for them to make potentially controversial decisions.
- Flexibility: Can be updated as needed without the formality and expense of amending your Will.
- Peace of Mind: Knowing that your wishes regarding cherished possessions will be honored and your loved ones will be spared unnecessary conflict.
Recommendations
- Be specific in describing items
- Update your list periodically
- Keep the list with your Will or important documents
- Inform your personal representative of its location
- Consider discussing your decisions with family members while you’re still alive
Taking the time to thoughtfully complete a tangible personal property list is a simple yet effective way to ensure your wishes are followed and to help your children and other beneficiaries avoid painful disagreements during an already difficult time.
View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!
Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.
February 2025