Intestacy

Without a valid will or other testamentary instrument, property of a deceased person will be distributed according to the intestacy statutes of the applicable state. Under the general Idaho intestacy statutes, a surviving spouse will receive all of the decedent’s one-half interest in the couple’s community property. In addition, the surviving spouse is also favored in the distribution of the decedent’s separate property, receiving no less than one-half of the decedent’s separate property.