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Transfer on Death Deed Laws in Idaho

Idaho does not have a statute allowing transfer on death deeds for real estate, and a 2026 bill to adopt the uniform act did not advance past committee referral.

Last checked . General information, not legal advice.

Idaho at a glance

TOD deed allowed
No
No Idaho statute authorizes a transfer on death deed for real estate.
Uniform act adopted
No
2026 bill S1399 to adopt the uniform act was referred to the Senate Judiciary and Rules Committee with no further action.
Recording rule
Not applicable (no TOD deed law)

Sources

Last checked

The rules in Idaho

Does Idaho allow transfer on death deeds for real estate?

No. TOD deed allowed in Idaho: no. No Idaho statute authorizes a transfer on death deed for real estate.

Has Idaho adopted the Uniform Real Property Transfer on Death Act?

No. Uniform act adopted in Idaho: no. 2026 bill S1399 to adopt the uniform act was referred to the Senate Judiciary and Rules Committee with no further action.

When must a transfer on death deed be recorded in Idaho?

Recording rule in Idaho: Not applicable (no TOD deed law).

Where do the Idaho transfer on death deed laws come from?

The rules above come from S1399 (2026) bill page (Idaho Legislature) and Does Idaho Allow Transfer on Death Deeds? (SimplyTrust, updated Sept. 8, 2026). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

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