Understanding Idaho’s Laws When Someone Passes Without a Plan
No one wants to imagine losing a loved one—especially not without a plan in place. Yet it’s more common than you might think. Whether it’s an aging parent, a spouse, or a long-term partner whose relationship wasn’t legally recognized, many families find themselves asking the same question:
What happens when someone dies without a will?
In Idaho, as in most states, the answer lies in intestate succession laws. These laws provide a framework for distributing a person’s property and deciding who has legal authority—but they often don’t reflect the complexity or uniqueness of today’s families.
If you’re dealing with a death in the family and there’s no will, here’s what you need to know.
What Does “Dying Intestate” Mean?
When someone passes away without a valid will, they’re considered to have died intestate. In these cases, the Idaho Uniform Probate Code determines who inherits their property and how.
The court will appoint a personal representative (executor) to handle the estate, settle debts, and distribute remaining assets. But without a will, none of these decisions are guided by personal wishes—only by state law.
Who Inherits the Property in Idaho?
Idaho’s laws follow a strict order of succession. Here’s what generally happens:
If the deceased was married:
- The surviving spouse typically inherits everything if the couple had no children from previous relationships.
- If there are children from a prior relationship, the spouse may only receive half the estate, with the rest divided among biological or legally adopted children.
If the couple was unmarried:
- Unmarried partners, regardless of how long they were together or how committed the relationship was, do not automatically inherit anything—even if they shared a home or children.
If the deceased had children but no spouse:
- The estate is split equally among the children.
If there are no spouse or children:
- Assets go to parents, then siblings, then more distant relatives.
Stepchildren, foster children, or chosen family:
- Unless legally adopted or named in a will, these individuals do not inherit under Idaho’s intestate laws.
What Happens to Children or Dependents?
If the deceased was the primary caregiver of a minor child and no legal guardianship plan was in place, the court will decide who assumes custody. This may not align with what the deceased would have wanted—particularly in the case of blended families, unmarried partners, or co-parents.
The court prioritizes the child’s best interest, but in the absence of legal documents, relatives are usually considered before unrelated individuals, even if those individuals played a major role in the child’s life.
Other Common Challenges When There’s No Will
- Delays in accessing bank accounts, insurance proceeds, or property titles
- Family disputes over heirlooms, finances, or decision-making
- Unintended disinheritance of partners, stepchildren, or close friends
- Court costs and emotional toll on grieving loved ones
What You Can Do If a Loved One Died Without a Will
If you’re navigating the death of someone without a will in Idaho:
- Contact a probate attorney early to understand your rights and options
- Gather key documents (bank statements, titles, life insurance info, etc.)
- Avoid making assumptions—Idaho’s laws may not align with expectations
- Be cautious about distributing property or making decisions without court approval
Why This Matters—Especially for Non-Traditional Families
The law is written for a traditional model of inheritance—but life doesn’t always follow that script. If your family includes unmarried partners, blended households, chosen family, or other non-traditional dynamics, relying on default laws leaves too much up to chance.
Creating a will (and other key estate planning documents) is the only way to make sure your wishes are honored and your loved ones protected.
Need Guidance? We’re Here to Help.
Whether you’re currently navigating probate or looking to avoid these complications in the future, Madsen Beck provides compassionate, experienced legal guidance tailored to Idaho families—whatever your family looks like.
Contact us today to learn more about probate services or start your estate planning with peace of mind.