Idaho State Statutes - Idaho Attorney Directory

The power of a
person to leave property by will, and the rights of creditors, devisees, and
heirs to his property are subject to the restrictions and limitations
contained in this code to facilitate the prompt settlement of estates. Upon
the death of a person, his separate property devolves to the persons to whom
it is devised by his last will, or to those indicated as substitutes for them
in cases involving lapse, renunciation or other circumstances affecting the
devolution of testate estates, or in the absence of testamentary disposition
to his heirs, or to those indicated as substitutes for them in cases involving
renunciation or other circumstances affecting the devolution of intestate
estates, and upon the death of a husband or wife, the decedent's share of
their community property devolves to the persons to whom it is devised by his
last will, or in the absence of testamentary disposition, to the surviving
spouse, but all of their community property which is under the management and
control of the decedent is subject to his debts and administration, and that
portion of their community property which is not under the management and
control of the decedent but which is necessary to carry out the provisions of
his will is subject to administration; but the devolution of all the above
described property is subject to rights to homestead allowance, exempt
property and family allowances, to renunciation to rights of creditors,
elective share of the surviving spouse and to administration.

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