Idaho

At a Glance

Idaho requires filing within 5 days; who can order copies.

In Idaho, the funeral home, mortuary, or other person in charge of the deceased person's remains typically files the death certificate with the local registrar within five days of death. Certified copies can only be ordered by individuals with a 'direct and tangible interest,' such as immediate family members, legal representatives, or those needing it to claim a property right.

Who can order copies.

Certified copies are available from the Idaho Bureau of Vital Records and Health Statistics. Requests can be submitted online or by mail.

• –Idaho Department of Health and Welfare: https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/ordering-death-stillbirth-and-miscarriage
• –Cost: approximately $16 per certified copy
• –Online orders through VitalChek (official partner) may be faster due to electronic processing.

How do I get a death certificate in Idaho?

Order certified copies from Idaho's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Idaho?

$16 per certified copy in Idaho, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In Idaho, probate is generally required if the deceased person owned real estate or if their total assets subject to probate exceed $100,000. This court process ensures proper transfer of property and payment of debts.

If you die without a will.

If an Idaho resident dies without a valid will (intestate), state law dictates how their property will be distributed. The order of inheritance depends on surviving family members.

• –If you have a spouse but no living parents or descendants, your spouse inherits all of your intestate property.
• –If you have a spouse and descendants, your spouse inherits half of your community property and a portion of your separate property, with the remainder going to your descendants.
• –If you have no spouse or descendants, your parents inherit your property. If no parents, then siblings, and so on.
• –If no relatives can be found, your property escheats to the state of Idaho.

Avoiding probate.

Idaho residents can use several strategies to avoid probate, including creating a revocable living trust, utilizing payable-on-death (POD) or transfer-on-death (TOD) designations for bank accounts and vehicles, and holding property in joint tenancy with rights of survivorship.

How long does probate take in Idaho?

A straightforward Idaho probate typically runs 6 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Idaho?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Idaho?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Idaho allow transfer-on-death deeds?

No. Idaho has no transfer-on-death deed statute. A living trust, joint ownership with survivorship, or (for spouses) community property with right of survivorship does the same job here; and a uniform-act bill (S 1399) died in the 2026 session, so watch for it to come back.

Source: legislative record ↗

Die without a will in Idaho and this law picks your heirs.

If you die intestate (without a valid will) in Idaho, Idaho Code §§ 15-2-101–15-2-114 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything, all community property plus the entire separate estate.
• –Spouse + parents (no descendants): all community property to the spouse; separate property splits half to the spouse, half to the parents.
• –Spouse + joint descendants: all community property to the spouse; separate property splits half to the spouse, half to the children.
• –Spouse + blended family: same split, Idaho does not distinguish whose children they are.
• –Source: Idaho Code §§ 15-2-101–15-2-114

Children's shares.

With no spouse, the issue take everything: equally if all in the same degree, otherwise remoter descendants take by representation.

No spouse, no children: the line of succession.

After issue come parents equally, then the parents' issue by representation, then half to the paternal grandparents (or their issue) and half to the maternal grandparents (or their issue): Idaho's list stops there, and with no takers the property escheats to the state under Idaho Code § 14-113 (the old § 15-2-105 was repealed in 1996).

At a Glance

What Idaho requires.

Idaho law allows individuals to make their healthcare wishes known through an Advance Directive, which typically includes a Durable Power of Attorney for Healthcare and a Living Will. The document must be signed by the individual, but Idaho law does not require witnesses or notarization for it to be legally valid.

Healthcare power of attorney.

A Durable Power of Attorney for Healthcare (HCPOA) in Idaho allows you to appoint an agent to make medical decisions on your behalf if you become unable to do so. This can be a standalone document or part of a combined Idaho Advance Directive.

POLST / MOLST forms.

Idaho recognizes Physician Orders for Scope of Treatment (POST) forms. A POST form is a medical order signed by a healthcare professional and the patient (or their surrogate) that provides clear instructions for current medical treatment. It differs from an Advance Directive, which is a legal document for future care decisions, and is intended for individuals with serious illnesses.

Where do I get Idaho's advance directive form?

The controlling law is Idaho Department of Health and Welfare, linked as this section's source. Most people use the free statutory form: Idaho's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Idaho require a notary or witnesses for an advance directive?

Idaho requires no witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Idaho.

In Idaho, if burial or cremation does not occur within 24 hours of death, the body must be either embalmed or refrigerated. Cremation requires authorization from the county coroner and the legal next of kin. The written report from the coroner does not serve as a permit to cremate; a separate authorization is needed.

Green burial and alternatives.

Idaho allows for home burials, though local zoning laws should be checked. Human composting (terramation) is available through private services. While alkaline hydrolysis (water cremation) is also an option, Idaho does not currently have active green burial cemeteries, meaning families seeking natural burial grounds may need to look to neighboring states.

• –Home burial: Permitted, but check local government regulations and zoning laws.
• –Human composting: Available through private providers in Idaho.
• –Alkaline hydrolysis (water cremation): Permitted as an alternative to flame cremation.

Funeral home regulations.

Funeral homes in Idaho are subject to state licensing requirements and must comply with the Federal Trade Commission's (FTC) Funeral Rule. This rule mandates price disclosure, allowing consumers to compare prices and choose only the goods and services they want.

At a Glance

Idaho does not have a state estate tax.

Idaho is one of many states that does not impose a state-level estate tax. Therefore, Idaho residents do not need to worry about a state estate tax, regardless of the size of their estate.

Idaho does not have an inheritance tax.

Idaho does not levy an inheritance tax. This means that beneficiaries who inherit property from an Idaho resident will not pay a state tax on their inheritance.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Idaho have an estate tax?

No. Idaho has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Idaho have an inheritance tax?

No. Idaho does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Idaho.

Idaho residents can register to be organ, eye, and tissue donors through the Yes Idaho registry. This decision can be made when obtaining or renewing a driver's license or state ID, or by registering online directly with Yes Idaho.

• –Yes Idaho Donor Registry: https://www.yesidaho.org/
• –Register at the Department of Motor Vehicles (DMV) when applying for or renewing a driver's license or state ID.
• –Indicate your wishes on your advance directive.

Your family cannot override your decision.

In Idaho, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.