Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
See the property section for the statute's words.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
Idaho Code section 15-3-301 says applications for informal probate, for an informal statement of intestacy where the estate is community and there is a surviving spouse, or for informal appointment are directed to the registrar and verified by the applicant. A community-estate application includes an affidavit that there is no will, that the decedent's estate consists solely of community property of the decedent and surviving spouse, and that the applicant is the surviving spouse.
Source: Idaho Code section 15-3-301, Informal probate or appointment proceedings
Fees
In Idaho, probate compensation is a statutory commission.
Idaho Code section 15-3-719 says a personal representative is entitled to reasonable compensation for his services. If a will provides for compensation and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. The opened section states no percentage and does not state an attorney schedule.
Source: Idaho Code section 15-3-719, Compensation of personal representative
Small estate
Idaho's small-estate figure on this page is $100,000 when the statute's conditions are met.
Idaho Code section 15-3-1201 says that 30 days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to a claiming successor on an affidavit. The affidavit must state that the fair market value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have elapsed; that no application or petition for appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction; and that the claiming successor is entitled to payment or delivery, including entitlement as a trust pursuant to a will.
Source: Idaho Code section 15-3-1201, Collection of personal property by affidavit
Estate or inheritance tax
Idaho has no current estate tax on the page linked below.
The Idaho State Tax Commission says Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004.
Source: Idaho State Tax Commission, Estates and Taxes
Property of spouses
Spouses in Idaho hold community property.
Idaho Code section 32-906(1) says all other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues, and profits, of all property, separate or community, is community property unless the conveyance provides otherwise or both spouses declare otherwise by written agreement.
Source: Idaho Code section 32-906, Community property
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Idaho?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Idaho?
Idaho Code section 15-3-1201 says that 30 days after death, a person indebted to the decedent or holding tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action shall pay or deliver it to a claiming successor on an affidavit. The affidavit must state that the fair market value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have elapsed; that no application or petition for appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction; and that the claiming successor is entitled to payment or delivery, including entitlement as a trust pursuant to a will.
How are probate fees set in Idaho?
Idaho Code section 15-3-719 says a personal representative is entitled to reasonable compensation for his services. If a will provides for compensation and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A written renunciation of fee may be filed with the court. The opened section states no percentage and does not state an attorney schedule.
Does Idaho tax an estate or an inheritance?
The Idaho State Tax Commission says Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004.
How does Idaho treat property of spouses?
Idaho Code section 32-906(1) says all other property acquired after marriage by either husband or wife is community property. The income, including the rents, issues, and profits, of all property, separate or community, is community property unless the conveyance provides otherwise or both spouses declare otherwise by written agreement.
Sources
These are the statute and court pages used above.
- Idaho Code section 15-3-301, Informal probate or appointment proceedings
- Idaho Code section 15-3-719, Compensation of personal representative
- Idaho Code section 15-3-1201, Collection of personal property by affidavit
- Idaho State Tax Commission, Estates and Taxes
- Idaho Code section 32-906, Community property