Does Idaho Allow Transfer on Death Deeds?
Idaho does not authorize transfer on death deeds. 4 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 (Idaho Code 32-906). 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 as a new Part 5 of Chapter 6, Title 15, but it never advanced out of the Senate Judiciary and 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, and the bill died with it. No TOD deed bill is pending today: the next regular session convenes in January 2027.
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)
- •Recorded agreement to pass property at death to a surviving spouse
Consult a licensed attorney for help choosing the right mechanism for your situation.
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 4 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); Recorded agreement to pass property at death to a surviving spouse.
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.
Not currently. The most recent bill, S 1399 (2026 Regular Session (68th Legislature, 2d Reg. Sess.)), failed: Reported printed; referred to Senate Judiciary & Rules; died in committee at the April 2, 2026 sine die. No TOD deed bill is pending.