How Does Step-Up in Basis Work in Idaho?
Inherited assets in Idaho take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Idaho as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular rates. Idaho's top marginal income tax rate is 5.3%Idaho Code § 63-3024 (flat rate); Idaho Code § 63-3004 (federal standard deduction conformity)Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Idaho layer. Short-term ordinary-income rates never apply.
Yes. Idaho is a community property state, so at the first spouse's death both halves of community property26 USC § 1014(b)(6)Verified Sep 15, 2026View source take a new basis at fair market value under IRC § 1014(b)(6), not only the decedent's half. In a separate-property state the survivor's half keeps its original basis. The surviving spouse can sell soon after the death with little or no capital gains tax on the appreciation of the marriage.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Planning and Settling an Estate in Idaho
Free Idaho forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Idaho, the notice to creditors is published for 3Idaho Code §§ 15-3-801, 15-3-803, 15-3-804, 15-3-805, 15-3-806Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsIdaho Code § 15-3-801Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Idaho, a person named as personal representative may renounce the right to serveIdaho Code § 15-3-203(c)Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Idaho, heirs put their identity on the land records with an affidavit of heirship recorded with the countyIdaho Code §§ 15-1-305A, 15-3-901, 55-816; 49-514Verified Sep 24, 2026View source.
Small Estate Affidavit
In Idaho, the Small Estate AffidavitIdaho Code § 15-3-1201Verified Sep 8, 2026View source covers estates valued at $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source or less, 30 daysIdaho Code § 15-3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Idaho, the personal representative files the estate inventory within 90 daysIdaho Code §§ 15-3-706, 15-3-707, 15-3-708Verified Sep 15, 2026View source of appointment.
Estate Closing
In Idaho, the personal representative is discharged automatically once the statutory period runsIdaho Code §§ 15-3-1003(b), 15-3-1005Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Idaho
Free calculators and checklists for planning or settling an estate in Idaho: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Are Estate & Inheritance Taxes?
Idaho levies no estate or inheritance taxNo state estate, inheritance, or gift tax. Idaho Code Title 14, ch. 4 (Estate and Transfer Tax Reform Act of 1988) was repealed in full by H.B. 381, 2020 Idaho Sess. Laws ch. 65 (eff. July 1, 2020); the estate tax had applied only to deaths before Jan. 1, 2005. Idaho State Tax Commission: "Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004."Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Idaho imposes no inheritance or estate taxNo state estate, inheritance, or gift tax. Idaho Code Title 14, ch. 4 (Estate and Transfer Tax Reform Act of 1988) was repealed in full by H.B. 381, 2020 Idaho Sess. Laws ch. 65 (eff. July 1, 2020); the estate tax had applied only to deaths before Jan. 1, 2005. Idaho State Tax Commission: "Idaho has no gift tax or inheritance tax, and its estate tax for deaths expired in 2004."Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Idaho costs an estimated $24,719Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source and takes 4 months to 6 months for a simple estate, with attorney fees of typically 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate. Estates under $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Idaho costs an estimated $24,719Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source. Attorney fees run 1.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 2.8%Idaho Code § 15-3-721 (court reviews reasonableness of attorney compensation; no statutory percentage) — see also § 15-3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Idaho is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in Idaho, descendants divide what passes to them per capita with representationIdaho Code § 15-2-106Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursIdaho Code § 15-2-104Verified Sep 10, 2026View source to inherit.
How Many Death Certificates Do I Need?
In Idaho, certified death certificates come from the Idaho Bureau of Vital Records and Health StatisticsIdaho Bureau of Vital Records and Health StatisticsVerified Oct 15, 2026View source; the first copy costs $16Idaho Bureau of Vital Records and Health StatisticsVerified Oct 15, 2026View source.
Do I Need Probate?
In Idaho, estates valued at $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitIdaho Code § 15-3-1201Verified Sep 8, 2026View source, 30 daysIdaho Code § 15-3-1201Verified Sep 8, 2026View source after death.
Idaho Estate Planning Resources
In-depth guides covering Idaho probate laws, trust requirements, and estate planning strategies.
