Will.com / Living trust / Idaho
ID · Revocable Living Trust
Make your Idaho living trust.
Skip probate, keep your estate private, and stay in control while you're alive. Legally valid in Idaho. Free to create, or add secure online document storage with the $29/year subscription.
Idaho living trust requirements
Special notes for Idaho
- Married couples may consider a joint community property trust
How it works
- 1
Answer a few questions
About your assets, trustees, and beneficiaries.
- 2
Download your trust
A complete, personalized revocable living trust, formatted for Idaho.
- 3
Sign and fund
Sign the trust. Fund it by transferring assets into its name (notarization strongly recommended if real estate is involved).
Joint or individual
Married couples can make one joint Idaho living trust that both spouses sign, in place of an individual one. The questionnaire asks which you want, and Will.com generates either.
Signing a Idaho living trust
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Proving your Idaho trust without handing it over
When a bank, brokerage, title company, insurer, or transfer agent asks to see your trust, Idaho law lets your trustee give them a short certification of trust instead (Idaho Code §68-114, §68-115 and §68-116). It states that the trust exists, who the trustee is, and what the trustee may do. It leaves out who inherits and what each person receives, so your beneficiaries stay private.
Will.com generates the Idaho Certification of Trust alongside your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust, then give out copies of the certification rather than the trust itself.
Community property in Idaho
Idaho is a community-property state under Idaho Code §32-906 et seq.. Assets you and your spouse acquire during the marriage are presumed to be community property, owned 50/50, regardless of whose name is on the title. Adds an Article VII: Community Property Provisions covering classification of community vs. separate property, the surviving spouse's one-half interest, federal IRC §1014(b)(6) double-stepped-up basis, and record-keeping for traced contributions.
When you fund a revocable trust with community property, both spouses should sign as settlors so the character of the property doesn't change.
Funding Idaho real estate into the trust
To transfer Idaho real estate into your trust, you sign a new deed conveying the property from yourself to yourself as trustee, then record the deed with the County Recorder of the county where the property is located (Idaho Code §55-808). The trust does not control real estate unless the deed transfer is recorded.
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your trust?
Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.