Idaho Intestacy Laws

Idaho Intestacy Laws

These are selections from the Idaho intestate succession statutes, which may be found in full by selecting this link. (TITLE 15: UNIFORM PROBATE CODE)

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15-2-101. INTESTATE ESTATE.
Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code.

15-2-102. SHARE OF THE SPOUSE.
The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.

(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.

15-2-103. SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE.
The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows:

(a) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;

(b) If there is no surviving issue, to his parent or parents equally;

(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one (1) or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparents on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.

15-2-106. REPRESENTATION.
If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one (1) share and the share of each deceased person in the same degree being divided among his issue in the same manner.

15-2-107. KINDRED OF HALF BLOOD.
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.