How Do I Avoid Probate in Idaho?

Idaho's nonprobate-transfer statute names an insurance policyIdaho Code § 15-6-201(a)Verified Nov 1, 2026View source: the death benefit is paid to the beneficiary the owner designated, outside probate. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. An IRA is the state's: Idaho's statute does not name an individual retirement accountIdaho Code § 15-6-201(a)Verified Nov 1, 2026View source, so whether it passes to its beneficiary outside probate rests on other law. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Idaho: Idaho owners hold with a right of survivorship as joint tenants, where the deed declares a joint interest, or as spouses holding community property with right of survivorship, where the deed expressly declares it. That community property passes to the surviving spouse at the death; a spouse may end the right during the marriage by recording an affidavit terminating right of survivorshipIdaho Code § 55-816; Idaho Code § 31-2402(1)(n); Idaho Code §§ 15-6-401, 55-104, 55-805Verified Oct 26, 2026View source. In Idaho, no statute authorizes a transfer on death deed. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

In Idaho, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.