Does Idaho Allow Transfer on Death Deeds?
Idaho does not authorize transfer on death deeds. 3 alternatives are available to transfer real property at death without probate.
Why TOD deeds aren't available in Idaho
Idaho has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property.
Idaho is a community property state. Community property with right of survivorship in real property (Idaho Code 15-6-401) is available as an alternative. Senate Bill 1399 (2026 session) would have adopted the Uniform Real Property Transfer on Death Act, but it never advanced out of the Senate Judiciary & Rules Committee (introduced March 17, 2026; referred to committee March 18, 2026, with no further action) and was not enacted. The 2026 session adjourned sine die April 2, 2026.
Alternatives for Idaho
These mechanisms transfer real property at death without probate in Idaho:
- •
- •Joint tenancy with right of survivorship
- •Community property with right of survivorship (married couples)
Consult a licensed attorney for help choosing the right mechanism for your situation.
Legislation pending
Idaho legislators have introduced bills to authorize transfer on death deeds. The law has not been enacted as of the verification date (2026-07-13).
Frequently asked questions
Idaho has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property.
Idaho recognizes 3 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Community property with right of survivorship (married couples).
No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Idaho.
Yes. Legislation authorizing transfer on death deeds has been proposed in Idaho, but is not currently enacted. Idaho is a community property state. Community property with right of survivorship in real property (Idaho Code 15-6-401) is available as an alternative. Senate Bill 1399 (2026 session) would have adopted the Uniform Real Property Transfer on Death Act, but it never advanced out of the Senate Judiciary & Rules Committee (introduced March 17, 2026; referred to committee March 18, 2026, with no further action) and was not enacted. The 2026 session adjourned sine die April 2, 2026.