Tip – A husband and wife may prepare a deed for their real property that
provides for a right of survivorship, which will keep them from having to
probate after the first spouse dies.
The key rules regarding property transfer upon the death of a spouse in Idaho are the following:
NAMED BENEFICIARY DESIGNATIONS. Assets with specifically named beneficiaries (such as life insurance policies, retirement accounts, and certain investment accounts) transfer directly to the designated beneficiary upon death. These assets bypass the estate and probate process entirely.
BANK ACCOUNTS. Joint bank accounts typically include an automatic right of survivorship. This means the surviving spouse immediately becomes the sole owner of the account upon the death of their spouse, without the need for probate proceedings.
VEHICLES. When both spouses’ names appear on a vehicle title using the word or, the surviving spouse can typically transfer the title to their name alone or to another party through a straightforward process at the county assessor’s office.
REAL PROPERTY. Real estate owned by the deceased spouse becomes part of their estate and generally must go through probate, even if the surviving spouse resides in the property. However, Idaho Code Section 15-6-401 allows a husband and wife to create an estate in community property with a right of survivorship by deeding the property to themselves as an estate in community property with a right of survivorship. This allows the property to transfer to the surviving spouse without having to probate simply by recording a death certificate with the county recorder.
This tip provides general guidance only. Individual circumstances may vary, and consultation with a qualified legal professional is recommended for specific situations.
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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.
January 2025