Probate by Surviving Spouse?

by | Aug 18, 2017 | Uncategorized | 0 comments

Perhaps the single most widely-held misconception about probate here in Idaho is the notion that surviving spouses are exempt from the probate requirement.

They are not. 

If a married person passed away with either a Simple Will or no Will at all, the surviving spouse of that person will normally be required to go through the legal probate process in order to inherit the property and possessions of that deceased spouse. 

Again, even if there is a Will that leaves everything to that spouse, probate is still normally required here in Idaho.

There are only a couple of realistic ways to avoid this nuisance, but they require the couple to have done some advanced planning to arrange for that avoidance.  In the absence of either a Living Trust or other intentional steps to avoid the probate requirement, the surviving spouse will be required to go through the probate proceedings just like any other heir.


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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Daniel Patchin

Barry Peters