Idaho

To the best of our knowledge, the information provided below is current and accurate. Always be sure to consult with a jurisdictional authority before using this information to educate or counsel your clients.

State Estate or Inheritance Taxes

Idaho has no state estate or inheritance tax.

Small Estate Probate

Every state offers a fast track or shortcut for the probate of "small estates." Some assert that probate court is the proper forum for passing a small estate to the heirs, the idea being that if an estate is not valued over a certain minimum threshold, it is too small for serious estate planning.

To be sure, when a state's small estate probate threshold is extremely low, using this shortcut to settle an estate that qualifies may be the obvious choice. However, the small estate probate threshold in some states is substantial, in which case serious issues should be considered before you allow a client to go to the default system of the state court. When small estate probate is appropriate and what the client desires, refer to the following information.

You can use the simplified small estate process in Idaho if:

1. The value of all property the deceased person owned, less liens and encumbrances, doesn't exceed the homestead allowance, exempt property, family allowance, costs of administration, funeral expenses, and medical expenses of the last illness.

or

2. A surviving spouse who inherits everything can file a petition with the court, which will issue a decree to that effect.

To use the small estate probate process in Idaho, an executor files a written request with the local probate court asking to use the simplified procedure. The court may then authorize the executor to simply distribute the assets without having to go through probate court proceedings.

Idaho also has a procedure that allows inheritors to skip probate altogether when 1) there is no real property that needs to be probated, and 2) the value of all personal property left behind is less than a certain amount. All an inheritor has to do is prepare an affidavit stating that he or she is entitled to a certain asset and present it along with a copy of the death certificate to the person or institution holding the asset for release. Again, If the affidavit procedure is used, there's no need to use the small estate probate process.

The out-of-court affidavit procedure is available in Idaho if the fair market value of all personal property subject to probate, wherever located, less liens and encumbrances, is $100,000 or less. This option is not available for estates that include real property (like a home or land), unless that real property avoids probate through a living trust or right of survivorship (like joint tenancy). When the affidavit process is used, there is a 30-day waiting period.