Maybe your parents in Lewiston are starting to talk about what should happen to their home. Or you live in Twin Falls and recently bought property with your spouse, assuming it would pass automatically if something happened. Often, it is only when families help settle an estate that they realize how many steps are involved, even when there is a will.
These moments raise important questions about how property actually transfers in Idaho and what probate does.
At Alan R. Harrison Law, we help Idaho families understand these rules clearly, so planning decisions are based on facts, not assumptions. Let’s walk through some of the basics.
Probate is the court-supervised process used to transfer property after someone passes away. In Idaho, probate is commonly required when assets are held in a person’s name alone at death and no other transfer method applies.
The court oversees appointing a personal representative, addressing debts and expenses, and authorizing the legal transfer of assets. Probate is often necessary to clear title to real estate, even when the person was married or left a will.
This commonly affects families with homes or land in communities across Idaho, from Blackfoot to Arco, where property ownership has not been updated over time.
No. A will does not avoid probate.
In Idaho, a will provides instructions to the court. Probate is the process that confirms the will, appoints a personal representative, and authorizes asset transfers. Even when a will clearly names who should receive property, probate is usually required to legally change ownership records.
This is a frequent surprise for families in Pocatello and Rexburg, particularly when real estate is involved.
Whether probate is required for real estate depends on how the property is titled, not simply on marriage or what a will says.
Property held with rights of survivorship may transfer automatically to the surviving owner. Property owned individually or as tenants in common generally requires probate to transfer title. The wording on the deed controls the outcome.
This distinction is important for homeowners across Idaho, including those in Boise, Meridian, and smaller towns where deeds may not have been reviewed in years.
Some assets pass outside of probate because they have beneficiary designations, such as retirement accounts, life insurance policies, and payable-on-death bank accounts. These designations usually control, even if a will says something different.
Problems arise when beneficiary designations are outdated or incomplete. Families often do not consider what happens if a beneficiary dies first, whether contingent beneficiaries are listed, or how a share is handled. Without clear designations, assets may still end up in probate.
A revocable living trust can help reduce or avoid probate, but only for assets that are actually transferred into the trust during life. Creating the trust document alone is not enough.
Assets left outside the trust may still require probate, even when a trust exists. This is especially common when real estate or financial accounts were never retitled.
Estate planning is about understanding how Idaho law treats property and making thoughtful decisions that support the people you care about.
At Alan R. Harrison Law, we help individuals and families across Idaho, from Sandpoint to Twin Falls and the communities in between, build estate plans grounded in how the law actually works.
Whether you are updating an existing plan or starting fresh, we are here to help you plan today for tomorrow’s success.
Schedule a conversation to talk through your situation and next steps.
We’re happy to sit down with you, answer your questions, and talk through your options—at your pace, and on your terms.
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