reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-105 - CONSTRUCTION AGAINST IMPLIED REPEAL.

15-1-105. CONSTRUCTION AGAINST IMPLIED REPEAL. This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
History:
[I.C., sec. 15-1-105, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-106 - EFFECT OF FRAUD AND EVASION.

15-1-106. EFFECT OF FRAUD AND EVASION. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within two (2) years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five (5) years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
History:
[I.C., sec. 15-1-106, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 2, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-107 - EVIDENCE AS TO DEATH OR STATUS.

15-1-107. EVIDENCE AS TO DEATH OR STATUS. In proceedings under this code the rules of evidence in courts of general jurisdiction including any relating to simultaneous deaths, are applicable unless specifically displaced by this code. In addition, the following rules relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;
(c) A person who is absent for a continuous period of five (5) years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
History:
[I.C., sec. 15-1-107, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-108 - ACTS BY HOLDER OF GENERAL POWER.

15-1-108. ACTS BY HOLDER OF GENERAL POWER. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one (1) in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
History:
[I.C., sec. 15-1-108, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-109 - SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION IN KIND.

15-1-109. SATISFACTION OF PECUNIARY DEVISES OR TRANSFERS BY DISTRIBUTION IN KIND. (1) Whenever a personal representative or a trustee satisfies a pecuniary devise or transfer in trust by a distribution in kind with assets at their value for federal estate tax purposes, such fiduciary, in order to implement such a devise or transfer in trust, must, unless the governing instrument provides otherwise, distribute assets, including cash, fairly representative of appreciation or depreciation in all of the property so available for distribution in satisfaction of such pecuniary devise or transfer.
[(2)](b) Subsection (1) of this section is not intended to imply that the present law of this state, relating to selection of assets by fiduciaries in the circumstances herein described, has been otherwise than as set forth herein, but is a statement of the fiduciary principles applicable to such fiduciaries.
History:
[15-1-109, added 1999, ch. 306, sec. 1, p. 763.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-301 - TERRITORIAL APPLICATION.

15-1-301. TERRITORIAL APPLICATION. Except as otherwise provided in this code, this code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, (2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state, (3) incapacitated persons and minors in this state, (4) survivorship and related accounts in this state, and (5) trusts subject to administration in this state.
History:
[I.C., sec. 15-1-301, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-303 - VENUE — MULTIPLE PROCEEDINGS — TRANSFER.

15-1-303. VENUE — MULTIPLE PROCEEDINGS — TRANSFER. (a) Where a proceeding under this code could be maintained in more than one (1) place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate, protected person, ward or trust are commenced in more than one (1) court of this state, the court in which the proceeding[s] was [were] first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If a court finds that in the interest of justice, a proceeding or file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
History:
[I.C., sec. 15-1-303, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-305 - RECORDS AND CERTIFIED COPIES.

15-1-305. RECORDS AND CERTIFIED COPIES. The clerk of court shall keep a single file for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
History:
[I.C., sec. 15-1-305, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-305A - RECORDING PERMITTED — EFFECT.

15-1-305A. RECORDING PERMITTED — EFFECT. Letters of personal representatives (foreign or domestic), a statement of informal probate, probated will, determination of heirship, order made in a testacy proceeding, or will otherwise admissible in evidence as provided in section 15-3-102 of this code; any deed, assignment, release or other instrument executed by an appointed personal representative of the decedent; an affidavit of a successor in interest to property of a decedent; and a decree in any testacy proceeding in another state, any of which affect title to real property, may be recorded in the office of the county recorder of the county in which the real property affected by any such letters, statement, determination, order, document or decree is located. From the time of filing the same for record, notice is imparted to all persons of the contents thereof.
History:
[I.C., sec. 15-1-305A, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-306 - JURY TRIAL.

15-1-306. JURY TRIAL. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
History:
[I.C., sec. 15-1-306, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-307 - REGISTRAR — POWERS.

15-1-307. REGISTRAR — POWERS. The acts and orders which this code specifies as performable by the registrar will be performed by a magistrate or district judge.
History:
[I.C., sec. 15-1-307, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-310 - OATH OR AFFIRMATION ON FILED DOCUMENTS.

15-1-310. OATH OR AFFIRMATION ON FILED DOCUMENTS. Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein.
History:
[I.C., sec. 15-1-310, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-311 - EXERCISE OF POWERS.

15-1-311. EXERCISE OF POWERS. Powers under this act may be exercised by the court at any time, in chambers or in open court, as may be appropriate. Powers conferred upon the registrar of wills by this act may be exercised at any time.
History:
[I.C., sec. 15-1-311, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 3 - SCOPE, JURISDICTION AND COURTS › Section 15-1-312 - EXECUTION OF DEED.

15-1-312. EXECUTION OF DEED. Should any persons be entitled to a deed from a personal representative and such personal representative be discharged or disqualified or refuse to execute the same, such deed may be executed by the court authorizing such sale or distribution or the clerk of such court and shall entitle the buyer or distributee to his property.
History:
[I.C., sec. 15-1-312, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS › Section 15-1-401 - NOTICE — METHOD AND TIME OF GIVING.

15-1-401. NOTICE — METHOD AND TIME OF GIVING. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:
(1) by mailing a copy thereof at least fourteen (14) days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;
(2) by delivering a copy thereof to the person being notified personally at least fourteen (14) days before the time set for the hearing; or
(3) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three (3) consecutive weeks, a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which is to be at least ten (10) days before the time set for the hearing.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made by affidavit or in any other manner permitted by the court at or before the hearing and filed in the proceeding.
History:
[I.C., sec. 15-1-401, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 4, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS › Section 15-1-402 - NOTICE — WAIVER.

15-1-402. NOTICE — WAIVER. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. The appearance in court of an interested party is a waiver of notice.
History:
[I.C., sec. 15-1-402, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-101 - INTESTATE ESTATE.

15-2-101. INTESTATE ESTATE. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code.
History:
[I.C., sec. 15-2-101, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-102 - SHARE OF THE SPOUSE.

15-2-102. SHARE OF THE SPOUSE. The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.
(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.
History:
[I.C., sec. 15-2-102, as added by 1971, ch. 111, sec. 1, p. 233; am. 2001, ch. 330, sec. 1, p. 1160.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-103 - SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE.

15-2-103. SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE. The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows:
(a) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(b) If there is no surviving issue, to his parent or parents equally;
(c) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one (1) or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparents on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
History:
[I.C., sec. 15-2-103, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 5, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-104 - REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS.

15-2-104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS. Any person who fails to survive the decedent by one hundred twenty (120) hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty (120) hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 15-2-105 of this Part.
History:
[I.C., sec. 15-2-104, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-106 - REPRESENTATION.

15-2-106. REPRESENTATION. If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one (1) share and the share of each deceased person in the same degree being divided among his issue in the same manner.
History:
[I.C., sec. 15-2-106, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-107 - KINDRED OF HALF BLOOD.

15-2-107. KINDRED OF HALF BLOOD. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
History:
[I.C., sec. 15-2-107, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-108 - AFTERBORN HEIRS.

15-2-108. AFTERBORN HEIRS. Relatives of the decedent conceived by natural or artificial means before his death but born within ten (10) months after the decedent’s date of death, shall inherit as if they had been born in the lifetime of the decedent.
History:
[15-2-108, as added by 1971, ch. 111, sec. 1, p. 233; am. 2005, ch. 123, sec. 1, p. 407.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-109 - MEANING OF CHILD AND RELATED TERMS.

15-2-109. MEANING OF CHILD AND RELATED TERMS. If, for purposes of intestate succession, a relationship of parents and child must be established to determine succession by, through, or from a person:
(a) An adopted person is a child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent and adoption by the spouse of a natural parent has no effect on the relationship between the child and a deceased, undivorced natural parent.
(b) In cases not covered by subsection (a) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:
(1) The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or
(2) The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, except that the paternity established under this subparagraph (2) is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
History:
[I.C., sec. 15-2-109, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 4, p. 916.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-110 - ADVANCEMENTS.

15-2-110. ADVANCEMENTS. If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue, unless the declaration or acknowledgment provides otherwise. If an advancement exceeds the share of the heir, no refund is required.
History:
[I.C., sec. 15-2-110, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-111 - DEBTS TO DECEDENT.

15-2-111. DEBTS TO DECEDENT. A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.
History:
[I.C., sec. 15-2-111, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-112 - ALIENAGE.

15-2-112. ALIENAGE. No person is disqualified to take as an heir because he or a person through whom he claims is or has been an alien.
History:
[I.C., sec. 15-2-112, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 1 - INTESTATE SUCCESSION › Section 15-2-114 - PERSONS RELATED TO DECEDENT THROUGH TWO LINES.

15-2-114. PERSONS RELATED TO DECEDENT THROUGH TWO LINES. A person who is related to the decedent through two (2) lines of relationship is entitled to only a single share based on the relationship which would entitle him to the larger share.
History:
[15-2-114, added 1978, ch. 350, sec. 5, p. 916.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-201 - QUASI-COMMUNITY PROPERTY.

15-2-201. QUASI-COMMUNITY PROPERTY. (a) Upon death of a married person domiciled in this state, one-half (1/2) of the quasi-community property shall belong to the surviving spouse and the other one-half (1/2) of such property shall be subject to the testamentary disposition of the decedent and, if not devised by the decedent, goes to the surviving spouse.
(b) Quasi-community property is all personal property, wherever situated, and all real property situated in this state which has heretofore been acquired or is hereafter acquired by the decedent while domiciled elsewhere and which would have been the community property of the decedent and the surviving spouse had the decedent been domiciled in this state at the time of its acquisition plus all personal property, wherever situated, and all real property situated in this state, which has heretofore been acquired or is hereafter acquired in exchange for real or personal property, wherever situated, which would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired, provided that real property does not and personal property does include leasehold interests in real property, provided that quasi-community property shall include real property situated in another state and owned by a domiciliary of this state if the laws of such state permit descent and distribution of such property to be governed by the laws of this state.
(c) All quasi-community property is subject to the debts of decedent.
History:
[I.C., sec. 15-2-201, as added by 1972, ch. 201, sec. 4, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-202 - AUGMENTED ESTATE.

15-2-202. AUGMENTED ESTATE. Whenever a married person domiciled in the state has made a transfer of quasi-community property to a person other than the surviving spouse without adequate consideration and without the consent of the surviving spouse, the surviving spouse may require the transferee to restore to the decedent’s estate such property, if the transferee retains such property and, if not, its proceeds or, if none, its value at the time of transfer, if:
(a) The decedent retained, at the time of his death, the possession or enjoyment of or the right to income from the property; or
(b) The decedent retained, at the time of his death, a power, either alone or in conjunction with any other person, to revoke or to consume, invade or dispose of the principal for his own benefit; or
(c) The decedent held the property at the time of his death with another with the right of survivorship; or
(d) The decedent had transferred such property within two (2) years of his death to the extent that the aggregate transfers to any one (1) donee in either of the years exceeded ten thousand dollars ($10,000) or the amount of the annual exclusion for the federal gift tax set forth at 26 U.S.C. section 2503, whichever is greater.
History:
[15-2-202, added 1972, ch. 201, sec. 4, p. 510; am. 1999, ch. 303, sec. 1, p. 760.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-203 - ELECTIVE RIGHT TO QUASI-COMMUNITY PROPERTY AND AUGMENTED ESTATE.

15-2-203. ELECTIVE RIGHT TO QUASI-COMMUNITY PROPERTY AND AUGMENTED ESTATE. (a) The right of the surviving spouse in the augmented quasi-community property estate shall be elective and shall be limited to one-half (1/2) of the total augmented quasi-community property estate which will include, as a part of the property described in sections 15-2-201 and 15-2-202, Idaho Code, property received from the decedent and owned by the surviving spouse at the decedent’s death, plus the value of such property transferred by the surviving spouse at any time during marriage to any person other than the decedent which would have been in the surviving spouse’s quasi-community property augmented estate if that spouse had predeceased the decedent to the extent that the owner’s transferred property is derived from the decedent by any means other than testate or intestate succession without a full consideration in money or money’s worth. This shall not include any benefits derived from the federal social security system by reason of service performed or disability incurred by the decedent and shall include property transferred from the decedent to the surviving spouse by virtue of joint ownership and through the exercise of a power of appointment also exercisable in favor of others than the surviving spouse and appointed to the surviving spouse.
(b) The elective share to the quasi-community estate thus computed shall be reduced by an allocable portion of general administration expenses, homestead allowance, exempt property and enforceable claims.
(c) Property owned by the surviving spouse at the time of the decedent’s death and property transferred by the surviving spouse is presumed to have been derived from the decedent except to the extent that the surviving spouse establishes that it was derived from another source.
History:
[15-2-203, added 1978, ch. 350, sec. 2, p. 914; am. 2016, ch. 262, sec. 1, p. 682.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-204 - RIGHT OF ELECTION PERSONAL.

15-2-204. RIGHT OF ELECTION PERSONAL. The right of election of the surviving spouse may be exercised only during his lifetime by him. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his property are pending, after finding that exercise is necessary to provide adequate support for the protected person during his probable life expectancy.
History:
[I.C., sec. 15-2-204, as added by 1972, ch. 201, sec. 4, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-205 - PROCEEDING FOR ELECTIVE SHARE — TIME LIMIT.

15-2-205. PROCEEDING FOR ELECTIVE SHARE — TIME LIMIT. (a) The surviving spouse may elect to take his elective share in the augmented net estate by filing in the court and mailing or delivering to the personal representative a petition for the elective share within nine (9) months after the death of the decedent or six (6) months after the date of filing of the petition for probate, whichever is later. The court may extend the time for election as it sees fit for cause shown by the surviving spouse before the time for election has expired.
(b) The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented net estate whose interests will be adversely affected by the taking of the elective share.
(c) The surviving spouse may withdraw his demand for an elective share at any time before entry of a final determination by the court.
(d) After notice and hearing, the court shall determine the amount of the elective share and shall order its payment from the assets of the augmented net estate or by contribution as appears appropriate under section 15-2-207 of this code. If it appears that a fund or property included in the augmented net estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been if relief had been secured against all persons subject to contribution.
(e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
History:
[I.C., sec. 15-2-205, as added by 1972, ch. 201, sec. 4, p. 510; am. 1973, ch. 167, sec. 6, p. 319; am. 1999, ch. 73, sec. 1, p. 196.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-206 - EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE.

15-2-206. EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE. (a) The surviving spouse’s election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent’s will or intestate succession unless the surviving spouse also expressly renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under section 15-2-207(b), Idaho Code, as if the surviving spouse had predeceased the testator.
(b) A surviving spouse is entitled to homestead allowance and exempt property whether or not he elects to take an elective share and whether or not he renounces the benefits conferred upon him by the will except that, if it clearly appears from the will that a provision therein made for the surviving spouse was intended to be in lieu of these rights, he is not so entitled if he does not renounce the provision so made for him in the will.
History:
[15-2-206, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 2, p. 682.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-207 - LIABILITY OF OTHERS.

15-2-207. LIABILITY OF OTHERS. (a) In a proceeding for an elective share, property which passes or has passed to the surviving spouse by testate or intestate succession and property included in the augmented estate which has not been renounced is applied first to satisfy the elective share and to reduce the amount due from other recipients of portions of the augmented estate.
(b) The remaining amount of the elective share is equitably apportioned among beneficiaries of the will and transferees of the augmented estate in proportion to the value of their interest therein.
(c) Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective share of the surviving spouse. A person liable to contribution may choose to give up the property transferred to him or to pay its value as of the time it is considered in computing the augmented estate.
History:
[I.C., sec. 15-2-207, as added by 1972, ch. 201, sec. 4, p. 510; am. 1978, ch. 350, sec. 3, p. 915.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-208 - WAIVER.

15-2-208. WAIVER. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance and exempt property, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance and exempt property by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.
History:
[15-2-208, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 3, p. 682.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE › Section 15-2-209 - ELECTION OF NONDOMICILIARY.

15-2-209. ELECTION OF NONDOMICILIARY. Upon the death of any married person not domiciled in this state who dies leaving a valid will disposing of real property in this state which is not the community property of the decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest in such property against the will of the decedent as though the property was situated in the decedent’s domicile at death.
History:
[I.C., sec. 15-2-209, as added by 1972, ch. 201, sec. 4, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS › Section 15-2-301 - OMITTED SPOUSE.

15-2-301. OMITTED SPOUSE. (a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.
History:
[I.C., sec. 15-2-301, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS › Section 15-2-302 - PRETERMITTED CHILDREN.

15-2-302. PRETERMITTED CHILDREN. (a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate unless:
(1) it appears from the will that the omission was intentional;
(2) when the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or
(3) the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.
(b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.
History:
[I.C., sec. 15-2-302, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 5, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 15-2-401 - APPLICABLE LAW.

15-2-401. APPLICABLE LAW. This part applies to the estate of a decedent who dies domiciled in this state. Rights to the homestead allowance and to exempt property for a decedent who dies not domiciled in this state are governed by the law of the decedent’s domicile at death.
History:
[15-2-401, added 2001, ch. 294, sec. 2, p. 1040; am. 2008, ch. 182, sec. 1, p. 549.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 15-2-402 - HOMESTEAD ALLOWANCE.

15-2-402. HOMESTEAD ALLOWANCE. The homestead allowance is exempt from and has priority over all claims against the estate except as hereinafter set forth. The homestead allowance is in addition to any share passing to the surviving spouse or minor or disabled child by the will of the decedent unless otherwise provided in the will, or by intestate succession, or by way of elective share. The amount of the homestead allowance shall be fifty thousand dollars ($50,000). The homestead allowance is not a right to claim ownership of, or succession to, any homestead owned by the decedent at the time of the decedent’s death but is only the right to claim the sum set forth above. The right to a homestead allowance is determined as follows:
(a) If there is a surviving spouse of the decedent, the surviving spouse shall be entitled to a homestead allowance.
(b) If there is no surviving spouse, and there are one (1) or more children under the age of twenty-one (21) years whom the decedent was obligated to support or children who were in fact being supported by the decedent and who are disabled, as provided in 42 U.S.C. section 1382c, then each such minor or disabled child is entitled to a portion of the homestead allowance in the amount of the homestead allowance divided by the number of such minor or disabled children entitled to receive the homestead allowance.
History:
[(15-2-402) 15-2-401, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. and redesig. 2001, ch. 294, sec. 3, p. 1040; am. 2004, ch. 123, sec. 1, p. 413; am. 2008, ch. 182, sec. 2, p. 549.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 15-2-403 - EXEMPT PROPERTY.

15-2-403. EXEMPT PROPERTY. In addition to any homestead allowance, the decedent’s surviving spouse is entitled from the estate to value, not exceeding ten thousand dollars ($10,000) in excess of any security interests therein, in tangible personal property including, but not limited to, household furniture, automobiles, furnishings, appliances, family heirlooms and personal effects, subject to the terms of section 15-2-406, Idaho Code. If there is no surviving spouse, the decedent’s children are entitled jointly to the same tangible personal property, subject to the terms of section 15-2-406, Idaho Code. Rights to exempt property have priority over all claims against the estate. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided in the will, or by intestate succession, or by way of elective share.
History:
[(15-2-403) 15-2-402, as added by 1971, ch. 111, sec. 1, p. 233; am. and redesig. 2001, ch. 294, sec. 4, p. 1041; am. 2003, ch. 63, sec. 1, p. 209; am. 2004, ch. 123, sec. 2, p. 413; am. 2008, ch. 182, sec. 3, p. 550.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 4 - EXEMPT PROPERTY AND ALLOWANCES › Section 15-2-406 - LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL.

15-2-406. LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL. The decedent may provide by will that a surviving spouse, and/or adult children, but not minor or disabled children:
(1) Are not entitled to any exempt property or homestead allowance; or
(2) Are entitled to limited exempt property or a limited homestead allowance, as provided in the will; but
(3) May not condition such elimination or limitation upon whether the estate of the decedent is subject to a claim for estate recovery for medicaid benefits paid to the decedent or to a spouse of the decedent.
History:
[15-2-406, added 2008, ch. 182, sec. 6, p. 552.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-501 - WHO MAY MAKE A WILL.

15-2-501. WHO MAY MAKE A WILL. Any emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will. A married woman may dispose of her property, whether separate or community, in the same manner as any other person subject to the restrictions imposed by this code.
History:
[I.C., sec. 15-2-501, as added by 1971, ch. 211, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-502 - EXECUTION.

15-2-502. EXECUTION. Except as provided for holographic wills, writings within section 15-2-513 of this part, and wills within section 15-2-506 of this part, or except as provided in section 51-109, Idaho Code, every will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his direction, and shall be signed by at least two (2) persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.
History:
[15-2-502, added 1971, ch. 111, sec. 1, p. 233; am. 2008, ch. 76, sec. 1, p. 202; am. 2017, ch. 192, sec. 8, p. 454.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-503 - HOLOGRAPHIC WILL.

15-2-503. HOLOGRAPHIC WILL. A will which does not comply with section 15-2-502 of this Part is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
History:
[I.C., sec. 15-2-503, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-505 - WHO MAY WITNESS.

15-2-505. WHO MAY WITNESS. (a) Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will.
(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.
History:
[I.C., sec. 15-2-505, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-506 - CHOICE OF LAW AS TO EXECUTION.

15-2-506. CHOICE OF LAW AS TO EXECUTION. A written will is valid if executed in compliance with section 15-2-502 or 15-2-503 of this Part or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
History:
[I.C., sec. 15-2-506, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 5 - WILLS › Section 15-2-507 - REVOCATION BY WRITING OR BY ACT.

15-2-507. REVOCATION BY WRITING OR BY ACT. A will or any part thereof is revoked:
(a) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or
(b) By being burned, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction.
(c) The revocation of a will executed in duplicate may be accomplished by revoking one (1) of the duplicates.
History:
[I.C., sec. 15-2-507, as added by 1971, ch. 111, sec. 1, p. 233.]