Idaho living trusts & estate documents

Living trust law in Idaho

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Idaho, trusts are governed by the trust provisions of Idaho Code Title 68 (Trusts and Fiduciaries), chapter 1, Idaho Code §68-101 et seq..

Avoiding probate in Idaho

Probate in Idaho is governed by the Idaho UPC, Title 15 and handled by the Magistrate Division of the District Court. See state probate code for administration options.

Collection by affidavit for personal property estates of $100,000 or less. That simplified procedure is set out in Idaho Code §15-3-1201. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Idaho homeowners set one up for that reason.

In Idaho, creditors generally have 4 months after the first published notice (3-year outside bar from death) to file claims against the estate (Idaho Code § 15-3-803), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Idaho

Idaho has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in Idaho

Idaho is a community property state. Property acquired during marriage is generally community property, and the joint trust's Section 1.03 preserves each asset's character.

Protecting a surviving spouse in Idaho

Idaho also sets aside a homestead allowance of $50,000 for the surviving spouse, or if there is none the decedent's children under 21 whom the decedent was obligated to support and disabled children the decedent was supporting (Idaho Code § 15-2-402), the exempt property having priority over all claims against the estate (§ 15-2-403).

Signing your Idaho documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Idaho. Follow those as the authoritative guide.

Serving all of Idaho

Answer the questionnaire from anywhere in Idaho and download your completed documents in minutes: Boise, Meridian, Nampa, Idaho Falls, Caldwell, Pocatello, Coeur d'Alene, Twin Falls, Post Falls, Lewiston, Rexburg, Eagle, and every community in between.