Idaho Bills

Adds to existing law to establish provisions regarding the Uniform Real Property Transfer on Death Act.

RS33735 / S1399 The purpose of this bill is to give consumers more options for transferring property upon their death. This bill adopts the Uniform Real Property Transfer on Death Act in Idaho, authorizing an individual to execute and record a transfer-on-death deed for real property located in this state. The deed is revocable, does not transfer any present ownership interest during the transferor’s lifetime, and allows the property to pass to a designated beneficiary upon the transferor’s death outside of probate. The bill preserves the transferor’s full rights in the property during life and provides that transferred property remains subject to existing encumbrances and certain claims if the estate is insufficient. This legislation gives Idahoans an additional estate planning tool and aligns Idaho law with the growing number of states that permit transfer-on-death deeds.