Dying Without A Will
Idaho Code § 15-2-102 — community property to the spouse, and separate property shared with children or parents
Community property. The deceased spouse's half of the community property passes to the surviving spouse.
- No surviving children or other issue, and no surviving parent: the surviving spouse takes the entire intestate estate.
- No issue, but a surviving parent: the spouse takes one-half.
- Surviving issue: the spouse takes one-half.
That is the surviving spouse's share of separate property. What does not pass to the spouse, or everything if there is no spouse, goes to the children and their descendants, then to parents, then to the parents' descendants, then half to each side's grandparents and their descendants.
Property passing outside the estate, such as joint accounts with survivorship and beneficiary designations, is not on this page. Which property is community or separate is often the hard question. A particular estate is a question for a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 15-2-102 — Share of the spouse
- Idaho Code § 15-2-103 — Share of heirs other than surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.