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    Idaho guide

    What to do when someone dies in Idaho

    Idaho is a community property state, meaning property acquired during the marriage is generally treated as jointly owned — though assets each spouse brought in, plus any gifts and inheritances, remain separate. Probate runs through Magistrate Court, and a small estate affidavit is available for estates under $100,000.

    Content updated: July 2026

    What's unique in Idaho

    State-specific rules that affect how an estate is handled here.

    Community property state

    Idaho is a community property state. Property acquired during the marriage is generally jointly owned — but assets each spouse brought in, plus any gifts and inheritances, remain separate. The distinction affects transfers and probate for every asset.

    Magistrate Court probate

    Idaho probate runs through Magistrate Court in the county where the deceased lived. A small estate affidavit is available for estates under $100,000 in personal property.

    State income tax and PERSI

    Idaho has its own income tax. A final state return must be filed. If the deceased was a PERSI member, survivor benefits need to be claimed separately.

    ITD vehicle transfer

    Vehicle title transfers in Idaho go through the Idaho Transportation Department. Submit the title with estate documentation to the county DMV office.

    A glimpse at what Order covers in Idaho

    These are just a few of the Idaho-specific tasks Order surfaces automatically when you select your state.

    File for Idaho probate in Magistrate CourtLegal & Estate

    Small estate affidavit available for personal property under $100,000 — real property requires formal Magistrate Court probate regardless of value. File in the county where the deceased lived.

    Review Idaho community property lawsLegal & Estate

    Property acquired during the marriage is generally treated as community property — but assets each spouse brought in, plus any gifts and inheritances, remain separate. The distinction is essential for every asset.

    Claim Idaho Public Employee Retirement System (PERSI) survivor benefitsFinancial Affairs

    If deceased was a public employee, survivor benefits may be available through PERSI — but only if the member elected a survivor option at retirement.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Idaho

    Idaho Supreme Court (probate)Find probate forms and file in the correct District CourtIdaho State Tax CommissionFile the final state income tax return for the year of deathIdaho DMVTransfer vehicle titles to heirs using estate documentationPublic Employee Retirement System of Idaho (PERSI)Notify the pension and confirm what survivor benefit, if any, continuesIdaho Division of Veterans ServicesApply for the surviving spouse property tax exemption and burial eligibility at Idaho State Veterans Cemetery in Boise

    What families commonly miss in Idaho

    • Families who moved to Idaho from a non-community-property state often assume everything they own together is community property — but what they brought with them retains its original character, and sorting out what's separate versus community can require tracing years of financial records.
    • Many Idaho families try to transfer assets as soon as possible after a death — and hit a wall when banks and brokerages reject the request, because a personal representative must be formally appointed before any institution will release anything, even in informal probate.
    • Families often reach out to PERSI expecting an ongoing pension benefit, only to find that the member made an irrevocable election at retirement — and if they chose a single-life option, no continuing payment goes to the surviving spouse.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Idaho.

    Military families in Idaho

    Idaho has additional veteran & survivor benefits

    • Apply for Idaho property tax exemption (surviving spouse of disabled veteran)
    • Contact Idaho State Veterans Cemetery

    Idaho-specific

    Start these Idaho-specific tasks in Order

    These tasks appear automatically in your checklist when you select Idaho as your state.

    File for Idaho probate in Magistrate CourtLegal & Estate

    File in Magistrate Court.

    Review Idaho community property lawsLegal & Estate

    Spouse automatically owns half of community property

    Transfer vehicle at Idaho ITDLegal & Estate

    Submit title transfer application to Idaho Transportation Department

    Plus dozens more tasks added automatically for Idaho families.

    Order walks your family through every step, for Idaho and beyond.

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    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home