February 25, 2020

Selling an Inherited House in Idaho: Probate, Taxes, and Your Fastest Options

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Category: Probate / Inheritance / Seller Tips Reading Time: 12 Minutes


Inheriting a home is a bittersweet experience. On one hand, it is a final gift from a loved one, a place likely filled with years of memories. On the other hand, it is a massive legal and financial responsibility that often lands on your shoulders when you are least emotionally equipped to handle it.

If you have been named the Executor (or “Personal Representative”) of an estate in Idaho, you might feel overwhelmed. You have to navigate the court system, manage family dynamics, handle taxes, and figure out what to do with a house that may be hours away from where you live.

At Idaho Home Buyers, we have helped countless families in Burley, Boise, and the Magic Valley navigate this exact situation. We wrote this guide to demystify the process, explain the specific laws in Idaho, and show you the fastest path to resolving the estate.

(Disclaimer: We are real estate experts, not attorneys or tax professionals. This information is for educational purposes. Always consult a local Idaho estate attorney for legal advice.)

Part 1: The Idaho Probate Process (The Legal Hurdle)

Before you can sell the house, you usually need the legal authority to do so. In Idaho, this process is called Probate.

What is Probate?

Probate is the court-supervised process of paying off a deceased person’s debts and distributing their assets to the heirs.

Does Every Inherited House Go Through Probate?

Not always. In Idaho, you might be able to skip full probate if:

  1. Living Trust: The home was placed in a Trust before the owner passed.
  2. Rights of Survivorship: The deed was titled “Joint Tenancy with Rights of Survivorship” (common for spouses).
  3. Small Estate Affidavit: If the total value of the estate (minus liens/mortgages) is under $100,000, and no real property (land/house) is involved, or if the real property can be transferred via specific affidavits. Note: Most homes in Idaho are worth more than $100k, so standard probate is usually required.

The “Letters Testamentary”

If probate is required, you cannot just sign a deed and sell the house tomorrow. You must petition the court in the county where the property is located. The court will issue you Letters Testamentary (if there is a Will) or Letters of Administration (if there is no Will).

  • Crucial Step: You need this document. It is the “Golden Ticket” that gives you the legal power to hire a realtor or sign a contract with a cash buyer.

Part 2: The Financial Side (Taxes & Debts)

One of the biggest fears heirs have is the tax bill. The good news is that Idaho is relatively friendly regarding inheritance taxes.

1. The “Stepped-Up Basis” (Your Best Friend)

This is a tax concept you need to understand.

  • Scenario: Your parents bought the house in 1990 for $50,000. Today, it is worth $400,000.
  • If they sold it while alive: They would owe Capital Gains Tax on the $350k profit.
  • When you inherit it: The value “steps up” to the fair market value on the date of their death ($400,000).
  • The Benefit: If you sell the house shortly after inheriting it for $400,000, your tax profit is $0. You generally do not owe Capital Gains Tax on the appreciation that happened before you inherited it.

2. Idaho Inheritance Tax

Idaho does not have a state inheritance tax. There is also no federal estate tax for estates valued under the multi-million dollar federal exemption limit (which is very high in 2025).

3. Existing Liens and Mortgages

When you inherit a house, you inherit the debt attached to it.

  • The Mortgage: The bank must be paid. You can usually keep making payments while the house is in probate, but eventually, the loan must be paid off (usually by selling the house).
  • Medicaid Recovery: If the deceased received Medicaid benefits for nursing home care, the State of Idaho may have a claim against the equity in the house. This must be settled before you receive any proceeds.

Part 3: The Condition of the Home (The Practical Reality)

This is where things get difficult. Often, elderly relatives stop maintaining their homes years before they pass. We frequently see inherited homes in Idaho with:

  • Roofs that are 20+ years old.
  • Outdated electrical systems.
  • Bathrooms and kitchens from the 1970s.
  • Deferred Maintenance: Leaks, cracks, and wear-and-tear.

The “Stuff” Problem Beyond the structure, there are the belongings. 30 or 40 years of furniture, clothes, books, and knick-knacks. Clearing out a parent’s home is physically exhausting and emotionally draining.

Part 4: Your Three Options to Sell

Once you have your Letters Testamentary, you have three main paths.

Option 1: Become a Landlord

You can keep the house and rent it out.

  • Pros: Passive income; keep the asset in the family.
  • Cons: You become responsible for maintenance, tenant screening, and property taxes. If you live out of state, this is very difficult.
  • 2025 Reality: Idaho rental laws are fair, but property taxes in booming areas like Boise have risen, eating into potential profits.

Option 2: List with a Traditional Realtor

This is the standard route for homes in perfect condition.

  • Process: You hire an agent, stage the home, host open houses, and list on the MLS.
  • The Catch: In 2025, retail buyers want “move-in ready.” To get top dollar, you will likely need to:
    1. Clean the entire house (empty it completely).
    2. Paint and replace flooring.
    3. Pass a strict inspection.
  • Cost: You will pay ~6% in commissions plus closing costs.

Option 3: Sell to a Local Cash Buyer (Idaho Home Buyers)

This is often the preferred route for estates because it simplifies the complex probate process.

Why Executors Choose This Route:

  1. “Take What You Want, Leave the Rest”: This is our biggest value add. You take the photos, the jewelry, and the heirlooms. Leave everything else. The old mattresses, the trash, the clothes—we hire a crew to clean it out after we buy it. You don’t lift a finger.
  2. Speed: Probate drags on for months. Once you have the authority to sell, we can close in as little as 7 days, allowing you to distribute the funds to the heirs and close the estate file.
  3. No Repairs: We buy the house exactly as it sits. No inspections, no negotiations over a broken furnace.
  4. Remote Friendly: If you live in California or Utah but the house is in Burley, we can handle everything electronically. You don’t need to fly back and forth.

Summary: Which Path is Right for You?

  • Choose a Realtor if: The house is in pristine condition, the estate has plenty of cash to pay for holding costs (taxes/utilities) for 3-6 months, and you have the time to manage a renovation and clean-out.
  • Choose Idaho Home Buyers if: The house needs work, you are overwhelmed by the “stuff” inside, you want to settle the estate quickly, or you simply want a guaranteed fair price without the hassle of the open market.

We Are Here to Help

At Idaho Home Buyers, we are more than just investors. We are problem solvers. We understand the sensitivity of probate situations and treat every family with the respect they deserve during a difficult time.

Do you have questions about an inherited property? Even if you aren’t ready to sell, call us. We can point you toward reputable local probate attorneys or just answer your questions about the market.

Contact Us for a Private Consultation

Idaho Home Buyers

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