Must a Surviving Spouse Go Through Probate?
The rule that seems to catch almost everyone by surprise is the fact that even a surviving spouse will have to go through probate in Idaho when his or her spouse passes.
Something like 80% of married couples are under the mistaken impression that a surviving spouse will inherit everything from the deceased spouse without having to go through probate.
But that’s not the case. The probate courts are filled with widows and widowers who are learning that lesson the hard way.
In order to spare one’s spouse from that unfortunate outcome, the couple must have previously taken steps to avoid that necessity. The most common solution? The creation of a Family Trust.