By Lane V. Erickson, Idaho Estate Planning Attorney
I sometimes use this blog to list and answer questions that come up from my clients. Having been an Idaho estate planning attorney now for over 20 years I find that some questions come up frequently. One of the regular questions that I am asked is whether a person can list a child or someone else on the deed to their home as a survivor. In other words, in an effort to avoid probate, my clients want to know if they can have a deed that will transfer the real estate on their death to another individual.
Probate is required in Idaho anytime a person dies when their name is listed on the deed or title to any type of real estate. The real estate could be a home, or farm ground, or just bare ground. Regardless of what it is, and regardless of its value, if a person’s name is listed on the deed to that property and they pass away, then a probate is required to give someone else the authority to transfer that real property from the person’s estate after their death.