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Home→Tools→Beneficiary Designation Checker→Idaho

Are Beneficiary Designations Protected in Idaho?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death.IC § 15-2-803; § 15-2-804; § 11-604A; § 32-906; § 32-912; § 15-6-201; §§ 15-6-301 to 15-6-312Verified May 31, 2026 These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Yes. Idaho automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities.IC § 15-2-803; § 15-2-804; § 11-604A; § 32-906; § 32-912; § 15-6-201; §§ 15-6-301 to 15-6-312Verified May 31, 2026 However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

As a community property state, Idaho generally requires spousal consent to name a non-spouse beneficiary on retirement accounts funded with community property.IC § 15-2-803; § 15-2-804; § 11-604A; § 32-906; § 32-912; § 15-6-201; §§ 15-6-301 to 15-6-312Verified May 31, 2026 This applies to: retirement accounts. Federal ERISA rules also require spousal consent for qualified retirement plans.

Idaho provides partial creditor protection for inherited IRAs.IC § 15-2-803; § 15-2-804; § 11-604A; § 32-906; § 32-912; § 15-6-201; §§ 15-6-301 to 15-6-312Verified May 31, 2026 The level of protection may depend on whether the IRA was inherited from a spouse or non-spouse, and whether the case is in state or federal court.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Idaho automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Idaho's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Idaho inheritance calculator.

No. Idaho does not default to per stirpes for beneficiary designations.IC § 15-2-803; § 15-2-804; § 11-604A; § 32-906; § 32-912; § 15-6-201; §§ 15-6-301 to 15-6-312Verified May 31, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Beneficiary Rules in Idaho

Idaho automatically revokes an ex-spouse as beneficiary upon divorce (YesIC § 15-2-804Verified May 31, 2026). This applies to state-governed assets such as life insurance and POD accounts, but not ERISA-governed employer plans. Automatic revocation does not extend to federally governed accounts.

Spousal consent in Idaho is YesIC § 11-604A(6)Verified May 31, 2026 for retirement accounts funded with community property. Federal ERISA rules add a second layer of consent requirements for employer-sponsored plans. The Idaho inheritance calculator shows how assets pass with and without valid designations.

Inherited IRA creditor protection in Idaho is Partial creditor protectionIC § 11-604AVerified May 31, 2026. Since the Supreme Court ruled in Clark v. Rameker (2014) that inherited IRAs are not protected under federal bankruptcy law, state statutes are the primary source of protection.

Idaho's per stirpes default is No. Without contingent beneficiaries, a lapsed designation routes assets through probate. Estimate coverage needs with the Idaho life insurance calculator.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • IC § 11-604A
  • IC § 11-604A(6)
  • IC § 15-2-804

Data sourced from Idaho statutes and official state code. How we research.

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In-depth guides covering Idaho probate laws, trust requirements, and estate planning strategies.

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This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-05-31

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