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Short answer: No. Idaho is one of the minority of states with no transfer-on-death deed. A bill to adopt one (S1399) was introduced in the 2026 Legislature but died without a vote. Your home passes through probate, a trust, or survivorship titling.
Roughly thirty states let owners record a deed that transfers real estate automatically at death. Idaho isn't one of them - articles you've read online about 'TOD deeds' or 'beneficiary deeds' are describing other states' law. In March 2026 the Idaho Senate introduced S1399, the Uniform Real Property Transfer on Death Act, but the Legislature adjourned in April without acting on it. The idea may return in a future session; for now, it is not Idaho law, and anyone who records a homemade 'TOD deed' here (which people do try to do) has accomplished nothing.
What Idaho law actually offers:
- Community property with right of survivorship (§ 15-6-401) - for married couples, the workhorse: the home vests automatically in the surviving spouse, preserving community property tax treatment. It solves the first death, but not the second. When the survivor dies, probate looms again.
- A revocable living trust - the most complete answer: deed the home into the trust and it passes at death (first and second) without probate, with full control retained during life and the ability to change your mind anytime.
- Joint tenancy - works mechanically but can sacrifice the community property double basis step-up for married couples, and adding a child as joint tenant during life is usually a mistake: it's a taxable-gift-flavored, creditor-exposed, irrevocable decision dressed up as a shortcut.
What not to do: don't deed the house to your kids now to 'keep it out of probate.' You lose the basis step-up, lose control, expose the home to their creditors and divorces, and can create Medicaid transfer penalties within the five-year lookback. Which tool fits depends on your marriage, your kids, your equity, and your other assets - a one-hour flat-fee consultation sorts it out. Since tax laws change, it’s a good idea to work with both an Idaho attorney and an experienced CPA.
Liberty Law Idaho offers flat-fee estate planning and family law services with prices published up front. Schedule a consultation - in person in Meridian or virtually anywhere in Idaho - at libertylawidaho.com or (208) 273-8825