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Home→Tools→TOD Deed Assessment→Idaho

Do I Need a Transfer on Death Deed in Idaho?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

No. Idaho does not currently allow transfer on death deeds. Idaho has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property.

Because Idaho does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship, Community property with right of survivorship (married couples). Compare your options with the trust vs. will comparison.

Without a TOD deed option, real property in Idaho typically passes through probate unless held in a trust or with joint tenancy. Use the Idaho probate calculator to estimate what that would cost.

TOD Deeds in Idaho

Idaho does not currently allow transfer on death deeds (No). Idaho has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute for real property. Without this option, real property passes through probate unless held in a trust or with joint tenancy.

Because TOD deeds are unavailable, the primary alternative for avoiding probate on real estate in Idaho is a revocable trust. Probate for simple estates takes at least 4 monthsIdaho Code § 15-3-1201Verified May 31, 2026, and estates under $100,000Idaho Code § 15-3-1201Verified May 31, 2026 may qualify for simplified procedures. The probate calculator shows the full cost picture.

The trust vs. will comparison outlines the differences for Idaho families weighing their options for avoiding probate on real property and other assets.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • Idaho Code § 15-3-1201

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

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Idaho Estate Planning Resources

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

Find out if a TOD deed is right for you

Select your state to see if a transfer on death deed can keep your property out of probate.

This tool provides general information about transfer on death deeds and is not legal advice. TOD deed availability and requirements vary by state. Consult a licensed attorney for guidance specific to your situation.

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