Tip – Each different state has its own Probate Code that governs how
an estate is administered after someone dies.
The United States operates under a system called Federalism, which divides power between the national (federal) government and the state governments. This creates two layers of sovereignty operating simultaneously over the same territory and people.
The federal government has powers enumerated in the Constitution to handle matters of national concern—things like defense, foreign policy, interstate commerce, and immigration.
State governments retain broad authority over most day-to-day matters that affect people’s lives: education, local law enforcement, property laws, marriage and divorce, professional licensing, and most criminal law.
Probate laws are almost entirely a matter of state jurisdiction, which means they vary significantly from state to state. Each state has its own probate code that governs how estates are administered after someone dies. The differences between states can be substantial. Some states use their own traditional probate systems that can be complex and time-consuming.
In states with complex systems, attorneys have used Trusts to circumvent probate. When you create a Trust (revocable living trusts are the most common), you transfer ownership of your assets into the Trust. Legally, the Trust owns your assets, not you.
When you die, the Trust doesn’t die with you. The assets simply continue being held by the Trust, and a successor trustee you’ve named steps in to manage and distribute them according to your instructions. Since the Trust still owns the assets and the Trust didn’t die, there’s nothing that needs to go through probate court.
Idaho has adopted the Uniform Probate Code (UPC), which streamlines and simplifies the probate process. Probate costs are relatively inexpensive in Idaho when compared to other states. Using an estate planning strategy that makes sense in California may be unnecessary or even counterproductive in Idaho.
Given Idaho’s simplified probate procedures and lower costs under the Uniform Probate Code, creating and maintaining a Trust may actually be more expensive and complicated than simply using a Will, and proceeding through Idaho’s efficient probate system.
Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.
January 2026