Idaho's statutes allow three primary methods for co-ownership of real estate: tenancy in common, joint tenancy, and community property. See Idaho Code Section 55-104.
Holding title as tenants in common means that each owner has title rights to a separate portion of the property. The owner may sell or otherwise convey the share independently from the others, and it may be included in his/her will.
Joint tenancy and community property, on the other hand, include the right of survivorship, meaning that when one owner dies, his/her share of the property is distributed amongst the survivors. Note that community property is only available to married couples and often requires a recorded community property agreement for full effect.
To formalize the transfer, remaining owners may use an affidavit of survivorship. By executing and recording this document, along with an official copy of the deceased owner's death certificate, the property and taxation records are updated to show the new status. This helps to maintain a clear chain of title (ownership history), which is important for future transfers of the property.
Each situation is unique, so seek legal advice for complex situations or with specific questions.
Deeds.com Idaho Affidavit of Successor Forms Have Been Updated as Recently as Friday March 3, 2023
What others like you are saying:
Don M. said: I find the site very difficult to nagitagte.
Reply from Staff: Sorry to hear that Don, weâ€™ll try harder.
Maria S. said: The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.
Reply from Staff: Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.
Jeff C. said: Had the paperwork that I needed. Was a quick and easy transaction.
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LEON S. said: recorded deed space to small for corrective deed requirement
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Marilyn L. said: Good!!
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Evelyn L. said: very easy to print
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