Does Idaho allow a transfer on death deed?

Idaho at a glance

TOD deed for real estate

No

How a house passes in Idaho without a TOD deed

• Small-estate affidavit cap. $100,000
• Real estate. The affidavit covers personal property only; land needs probate (or the surviving-spouse summary administration under 15-3-1205).
• Summary administration where the surviving spouse is sole beneficiary (Idaho Code 15-3-1205). If the surviving spouse is the sole heir or devisee, the spouse files a verified petition; after notice and hearing the court issues a decree with the effect of a distribution decree, with no administration, and the spouse assumes the decedent's debts. No dollar cap. A personal representative may also close a tiny estate (not exceeding allowances, exempt property, administration, funeral and last-illness costs) by sworn statement (15-3-1203, 15-3-1204).

All Idaho small-estate rules, with sources →

Good to know in Idaho

• Idaho has no statute for a transfer-on-death deed for real estate. 2026 SB 1399, which would have adopted the Uniform Real Property Transfer on Death Act, was introduced 2026-03-17 and referred to Senate Judiciary & Rules on 2026-03-18, with no further action.
• Idaho Code 15-6-401 recognizes community property with right of survivorship for married couples when the deed expressly says so; it passes the property to the surviving spouse.

Official pages

• No TOD deed or other plan? How Idaho handles a small estate without probate →

Sources

• Idaho Legislature, 2026 S1399 Uniform Real Property Transfer on Death Act (bill status) (read October 28, 2026)
• Idaho Code 15-6-401, community property with right of survivorship (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.