Transfer-on-Death Deed Requirements in Idaho

Short answer No. Idaho does not currently authorize a transfer-on-death or beneficiary deed for real property. A house instead passes through probate under a will or intestacy unless the owner used a different valid ownership arrangement; for married couples, Idaho expressly allows community property with right of survivorship. A 2026 bill to create TOD deeds died in committee.
State
Idaho
Statute checked
July 11, 2026
Sources
4 statutes

At a glance

Governing lawNo real-property TOD/beneficiary-deed statute. Idaho's current nonprobate-transfer chapter provides accounts, securities, and community-property survivorship, but no revocable deed naming a death beneficiary; ordinary probate devolution is Idaho Code § 15-3-101
TOD deed available?Not available — Idaho has not enacted URPTODA or an equivalent real-property TOD deed. 2026 S 1399 would have created one but died when the session ended
How to sign itN/A There is no Idaho real-property TOD deed to sign or notarize
Recording requirementN/A Recording a document labeled 'transfer-on-death deed' does not activate a nonexistent Idaho statutory mechanism
Revoking itN/A Idaho has no revocable real-property TOD instrument. A different ownership tool follows its own creation and termination rules
Eligible property & ownerN/A for TOD deeds. Idaho does expressly let a husband and wife hold real property as community property with right of survivorship, which passes to the surviving spouse (Idaho Code § 15-6-401)
Beneficiary survival & effectN/A No TOD-deed beneficiary, survival, lapse, or take-subject-to-liens rule for Idaho real estate
Creditor & Medicaid reachN/A for a TOD deed. Property passing through probate remains subject to estate administration and creditors; Idaho Medicaid recovery separately uses an expanded estate that includes survivorship, life estates, living trusts, and similar arrangements (Idaho Code §§ 15-3-101, 56-218)

Idaho does not currently authorize a transfer-on-death or beneficiary deed for real estate. Its current nonprobate-transfer chapter covers other mechanisms, including securities and community property with right of survivorship, but it does not create a revocable deed that lets one owner name a beneficiary to take real property at death.

The Legislature considered changing that in 2026. Senate Bill 1399 would have adopted the Uniform Real Property Transfer on Death Act, but the bill stopped in the Senate Judiciary and Rules Committee. Idaho's official 2026 session ended April 2, so the bill died without becoming law.

What happens without a TOD-deed statute

Putting "transfer on death" on an Idaho deed does not supply the missing statutory mechanism. Under Idaho Code § 15-3-101, property owned at death passes under a valid will or, without a will, to the decedent's heirs, subject to estate administration, creditor rights, and the surviving spouse's protections.

Idaho does provide a narrower statutory survivorship option for married couples. Under Idaho Code § 15-6-401, a husband and wife may hold real property as community property with right of survivorship if the grant, transfer, or devise expressly says so. When one spouse dies, that property belongs to the surviving spouse. This is not a TOD deed: it is a present form of co-ownership available only to spouses.

An ordinary conveyance still must satisfy Idaho's deed law. Idaho Code § 55-601 requires a written instrument signed by the person disposing of the real estate, with the grantee's name and complete mailing address. That rule does not turn an ordinary deed into a revocable death-beneficiary designation.

What trips people up

  • A nationwide TOD-deed form is not enough. Idaho has not enacted the statute that would make the form operate at death.
  • The 2026 proposal did not become law. S 1399 died after committee referral when the session ended.
  • Community-property survivorship is different. It gives both spouses a present ownership arrangement; it is not a revocable beneficiary designation by a sole owner.
  • Nonprobate does not automatically mean Medicaid-proof. Idaho Code § 56-218(4) uses an expanded recovery estate that includes survivorship, life estates, living trusts, and other arrangements.

Common questions

Can I record an Idaho TOD deed form anyway? Recording cannot create a statutory right that Idaho law does not provide. The property would still pass under valid ownership, probate, and succession rules.

Can married owners avoid probate with survivorship title? Idaho expressly recognizes community property with right of survivorship under § 15-6-401 when the instrument clearly creates it.

Did Idaho pass a TOD-deed law in 2026? No. S 1399 was introduced and referred to committee, but the session ended before it advanced or became law.

Statutes and sources

  • Idaho Code § 15-3-101 (property devolution through will or intestacy, subject to administration and creditors) — https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/sect15-3-101/ (accessed 2026-07-11)
  • Idaho Code § 15-6-401 (community property with right of survivorship for spouses) — https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch6/sect15-6-401/ (accessed 2026-07-11)
  • Idaho Code § 55-601 (ordinary written real-property conveyance) — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch6/sect55-601/ (accessed 2026-07-11)
  • Idaho Code § 56-218 (expanded Medicaid recovery estate) — https://legislature.idaho.gov/statutesrules/idstat/Title56/T56CH2/SECT56-218/ (accessed 2026-07-11)

Source links

Every statute quoted above, linked, with the date we checked it.

Idaho Code § 15-3-101 · accessed 2026-07-11
Idaho Code § 15-6-401 · accessed 2026-07-11
Idaho Code § 55-601 · accessed 2026-07-11
Idaho Code § 56-218(4) · accessed 2026-07-11
This page is general legal information about Idaho's rules for a transfer-on-death deed for REAL PROPERTY under state law — not legal advice about your estate, your taxes, or your specific property. It explains that Idaho does not currently allow such a deed and identifies a statutory survivorship arrangement available to married couples; it does not cover payable-on-death bank or investment accounts, vehicles, securities, trusts, the probate or tax consequences of a transfer, or how to change title. Which ownership or estate-planning tool is right for you — and how it affects a spouse's rights, creditors, Medicaid estate recovery, or a mortgage — turns on facts this page cannot resolve. Verified against the official statute text on the date shown; confirm current law or consult a licensed Idaho attorney before relying on it.

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