Idaho State Statutes - Idaho Attorney Directory

(a) The
surviving spouse's election of his elective share does not affect the share of
the surviving spouse under the provisions of the decedent's will or intestate
succession unless the surviving spouse also expressly renounces in the
petition for an elective share the benefit of all or any of the provisions. If
any provision is so renounced, the property or other benefit which would
otherwise have passed to the surviving spouse thereunder is treated, subject
to contribution under subsection 15-2-207(b), as if the surviving spouse had
predeceased the testator.
(b) A surviving spouse is entitled to homestead allowance, exempt
property and family allowance whether or not he elects to take an elective
share and whether or not he renounces the benefits conferred upon him by the
will except that, if it clearly appears from the will that a provision therein
made for the surviving spouse was intended to be in lieu of these rights, he
is not so entitled if he does not renounce the provision so made for him in
the will.

Click here to visit the Official Idaho State Statutes