Intestacy laws of the state of Idaho


Idaho is one of the states that have adopted the Uniform Probate Code.

1)      (a) Under Unif. Probate Code § 2-102 (3) & (4) (2010), a decedent who died intestate and is survived by a spouse and issue will have his/her estate divided as follow:

The surviving spouse gets $225,000 and one-half of the remaining estate if all the decedent’s surviving issue are also the surviving spouse’s issue and the rest to the issue by representation.  In case one or more of the decedent’s issue are not the surviving spouse’s issue, the surviving spouse gets $150,000 and one-half the remaining estate and the rest to the issue by representation.  Unlike in New York where the surviving spouse gets $50,000 and one-half regardless of whether the decedent is survived by issue who are not the surviving spouse’s issue, and where the decedent’s estate is divided among the decedent’s issue per stirpes.

(b) Unif. Probate Code § 2-103 (a) (2) (2010) provides that the decedent’s estate gets equally shared between the decedent’s parents if the decedent left no spouse or issue.  Or any of the surviving parents gets the entire estate if the other does not survive the decedent.  This law is similar to that of New York.

2) Under Unif. Probate Code § 2-501 (3) (A) (2010), a duly executed will must be signed by at least witnesses.  Similarly, the same number of witnesses is required for a duly executed will

3) Unif. Probate Code § 2-501 (b) (2010) provides that holographic wills are valid as long as there are hand-written by the testator and signed by the testator.  There is no witness required for holographic wills to be valid unlike in New York, where two witnesses are required for such a will to be valid.

4) The second largest city in Idaho is Nampa with 83, 930 inhabitants as for 2012.  In the city of Nampa there are many law firms that handle probate matters.  Here is one of them: Hamilton, Michaelson & Hilty, LLP.  The website of this law firm is www.

5) Metro Appraisal is one of the most prominent real estate appraisers in the city of Nampa.  In order to know more about Metro Appraisal, I invite you to visit their website

6) The court that handles Probate and related matters is called Canyon County Court and is located at 1115 Albany Street, Caldwell, ID 83605

7) The only institution that provides an associate degree in legal administrative assistant is the College of Western Idaho.  However, it’s unclear as to whether the institution still provides such a degree because the college does not make mention of the legal administrative assistant degree in its catalog.  As for the tuition, it’s $750.00 per semester , which is tremendously cheaper than City Tech’s.

4 thoughts on “Intestacy laws of the state of Idaho

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