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Idaho · Through 2026 Legislative Session

Idaho Code § 15-6-401: Community property with right of survivorship in real property.

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Where this section sits in the code
  1. TITLE 15 UNIFORM PROBATE CODE
  2. CHAPTER 6 NONPROBATE TRANSFERS
  3. PART 4. COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP

Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse. An estate in community property with right of survivorship is created by a grant, transfer or devise to a husband and wife, when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship.

Collected 2026-09-04T11:16:44Z. Source file · JSON

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