When someone passes away, families are often left with questions they didn’t expect to answer so soon. Maybe you’re in Rigby, helping a parent sort through bank statements and property records. Or perhaps you’re in Bonners Ferry, trying to understand what happens next after a loved one’s death. One of the first questions that usually comes up is simple but important: What actually has to go through probate?
At Alan R. Harrison Law, we help Idaho families understand how probate works, which assets are affected, and what can often be transferred without court involvement.
Probate is the legal process used to settle a person’s estate after death. The court confirms the validity of a will, ensures debts and taxes are addressed, and oversees the transfer of remaining assets to heirs or beneficiaries.
Not every asset goes through probate. Whether probate is required usually depends on how the asset is owned, not its value or emotional importance to the family.
In Idaho, probate is generally required for assets that were owned solely in the deceased person’s name and do not have a built-in transfer method.
Real Estate: A home or land titled only in the deceased person’s name, such as a house in Emmett or acreage near Salmon, will usually go through probate.
Bank Accounts: Checking or savings accounts without a payable-on-death designation.
Vehicles: Cars, boats, or recreational vehicles titled only to the deceased.
If the deceased person does not have a living spouse, or if there are children from a different relationship, personal property may also be divided during the probate process.
Household Items: Furniture, tools, and personal belongings.
Valuables: Jewelry, firearms, art, or collectibles not owned by a trust.
These items are typically distributed according to a will or, if there is no will, under Idaho’s intestate succession laws.
Stocks and Bonds: Investment accounts held solely in the deceased person’s name without a transfer-on-death designation.
Non-retirement Brokerage Accounts: Accounts that were not jointly owned and not placed in a trust.
Many Idaho families are relieved to learn that a large portion of an estate may pass outside of probate entirely.
Jointly Owned Property: Property owned with rights of survivorship, either Community Property with Right of Survivorship (CPWROS) or Joint Tenancy with Right of Survivorship (JTWROS) passes automatically to the surviving owner, such as a jointly owned home in Rupert.
Accounts With Beneficiaries: Life insurance, retirement accounts, and payable-on-death or transfer-on-death accounts go directly to named beneficiaries.
Trust Assets: Property held in a living trust is managed and distributed by the trustee, not the court.
For example, a family in Moscow may find that retirement accounts transfer quickly to beneficiaries, while a separately owned piece of property still requires probate.
Idaho offers simplified options for smaller estates, which can reduce court involvement in certain situations. Depending on the type and value of assets, affidavits may be used instead of a full probate process if the combined assets of the estate do not exceed $100,000 and there is no real property. (Real property includes land or a home.)
Whether an estate qualifies depends on specific details, so it’s important to review the situation carefully before assuming probate can be avoided.
Every estate is different. Some involve straightforward transfers, while others include multiple properties, unclear ownership, or outdated documents. Understanding which assets must go through probate can help families avoid delays and make informed decisions.
At Alan R. Harrison Law, we assist families across Idaho, from Rigby to Bonners Ferry, from Emmett to Salmon, with probate and estate administration. We offer both in-person meetings and virtual visits, making it easier to get answers no matter where you live.
If you’re settling a loved one’s estate or have questions about probate in Idaho, schedule a conversation with Alan R. Harrison Law. We’re here to provide clear guidance and help you plan today for tomorrow’s success.
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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