What To Know When Selling a Probate Home in Idaho

By Chris Schmalz

Chris has lived in the Idaho Falls area for over 40 years and has been helping sellers and buyers realize the American dream and build wealth through real estate for over 20 years.

If you have inherited a home in Idaho or you are helping a family member handle a loved one’s estate, there is a legal process you need to understand before you can sell or transfer that property. It’s called probate, and it still catches many families off guard.

Probate is the court process that legally transfers a person’s assets, such as real estate, vehicles, and bank accounts, after they pass away. It ensures that debts are paid and that ownership is transferred to the rightful heirs.

For families still recovering from a loved one’s passing, all these can still be a lot to take in. Here’s a simplified take on the process:

1. Probate is usually required if real estate is involved. If the person who passed away owned a home or land in their name only, Idaho law requires that the property go through probate before it can be sold or transferred. The same rule applies if the total value of the estate is more than $100,000. If everything was jointly owned, such as a house owned by both spouses, or if accounts had named beneficiaries, probate might not be needed.

2. The court appoints someone to handle the estate. The probate process begins when a family member or the executor named in the will files paperwork with the county court. The court then appoints a personal representative to manage the estate. The personal representative is responsible for securing the property, notifying heirs and creditors, and paying any debts, taxes, and expenses.

Once those tasks are complete, the remaining assets are transferred to the rightful heirs or beneficiaries. If there is a will, the court ensures that the instructions are followed. If there is no will, Idaho’s inheritance laws determine who receives the estate.

3. Real estate cannot be sold until probate is complete. This is where many families run into problems. Even if you’re ready to sell the property, the title cannot be transferred until the court authorizes it.

Once probate is finished, the court issues documents that legally transfer ownership to the heirs. After that, the property can be sold, refinanced, or kept in the family with a clear title. If the property was jointly owned, such as between spouses, ownership usually passes directly to the surviving spouse without probate.

4. Idaho offers two shortcuts that can simplify the process. The first option is the Small Estate Affidavit. This applies when the total estate value is less than $100,000 and does not include real estate. Heirs can use a signed affidavit to collect the deceased person’s assets 30 days after their passing instead of opening a full probate case.

The second option is Summary Administration for a Surviving Spouse. This applies when the deceased person’s spouse is the only heir. In this case, Idaho law allows a faster process that transfers all assets directly to the surviving spouse. This simplified process can often be completed within a few weeks.

5. Plan ahead to avoid delays. If you own property in Idaho, creating a will or placing real estate in a living trust can make things much easier for your family. These steps can reduce delays and help avoid unnecessary court costs.

Even a small estate can face complications without proper planning, so taking action early can protect your family’s time and resources.

Probate law in Idaho is not meant to make things harder. It exists to protect families and ensure that property is transferred legally. Understanding how probate works and preparing in advance can save time, stress, and money.

If you have inherited a home or you are preparing to sell a property that is currently in probate, call or text me at (208) 390-8441 or email me at chris@realestate-idahofalls.com. I can help you understand your options, connect you with trusted probate professionals, and make sure your sale stays on track from start to finish.