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Spousal Elective Share Law in Idaho

Idaho is a community property state; for quasi-community property (acquired while living elsewhere), a surviving spouse can elect one-half of the augmented quasi-community property estate, within 9 months after death or 6 months after the probate petition is filed, whichever is later.

Last checked . General information, not legal advice.

Idaho at a glance

Elective share
1/2 of augmented quasi-community property estate
Applies to property acquired while the couple lived outside Idaho that would have been community property. Community property itself is owned half by each spouse.
Deadline to elect
9 months after death or 6 months after petition, if later
The court may extend the time for cause if asked before it expires.
Community property state
Yes

Sources

Last checked

The rules in Idaho

How much can a surviving spouse claim in Idaho if left out of the will?

Elective share in Idaho: 1/2 of augmented quasi-community property estate. Applies to property acquired while the couple lived outside Idaho that would have been community property. Community property itself is owned half by each spouse.

What is the deadline to claim the elective share in Idaho?

Deadline to elect in Idaho: 9 months after death or 6 months after petition, if later. The court may extend the time for cause if asked before it expires.

Is Idaho a community property state?

Yes. Community property state in Idaho: yes.

Where do the Idaho spousal elective share laws come from?

The rules above come from Idaho Code 15-2-201, Idaho Code 15-2-203, Idaho Code 15-2-205 and Idaho Code 32-906. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.