Death Without Will.  What Happens?

Death Without Will.  What Happens?

What happens to the property and possessions of a person who passes away without a Last Will and Testament?

Effectively, the state of Idaho provides one for that person.  They do this through “laws of intestate succession.”  That’s just a fancy name for passing the property to the persons most closely related to the person who passed away.

The first tier of heirs will include a surviving spouse and surviving children.

If there are neither a surviving spouse, nor surviving children, then the property passes to a surviving parents.  Then surviving siblings.  Then grandparents.  Then uncles and aunts.

And on down the family tree until some relative or group of relatives is located. 

And the property and possessions are then divided between all persons who have the same degree of relationship to the person who passed away.



Author: Barry Peters. For additional easy-to-understand information on Wills, Trusts, and Probate, call attorney Barry Peters’ offices at (208) 939-2600 for your expedited appointment for a FREE OFFICE CONSULTATION or visit his Q & A pages at As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.

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