If a person dies without a will, how are the possessions divided?
From the official Idaho government website: TITLE 15 UNIFORM PROBATE CODE CHAPTER 2 INTESTATE SUCCESSION WILLS PART 1. INTESTATE SUCCESSION 15-2-102. SHARE OF THE SPOUSE. The intestate share of the surviving spouse is as follows: (a) As to separate property: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate; (3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate. (b) As to community property: (1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse. :Section 15-2-102 - Idaho State Legislature So everything that the law regards as community property passes to the surviving spouse. What constitutes community property? Again, from the official Idaho government website: Community property Community property is owned by the "community" of the marriage, which means both spouses. Generally, community property is property including income that either you or your spouse acquires during the marriage. But community property excludes some property you acquire during marriage. Separate property Separate property is any of these things: Property that you or your spouse owned separately before your marriage. Property that you or your spouse received separately as a gift or inheritance, even if you received it after you were married. Property either you or your spouse bought using separate-property funds. Money either you or your spouse earned while domiciled in a separate-property state. All property listed as separate in a valid written prenuptial or postnuptial agreement. You must keep separate property separate from other assets. Separate property can lose its separate character despite any written agreements if, for example, you do either of the following: You or your spouse uses the property for community purposes. You or your spouse mixes separate income and expenses with community income and expenses. Please note that income from separate property is considered community property if you, your spouse, or you and your spouse are domiciled in Idaho, unless you and your spouse have agreed in writing to keep this income separate. Idaho State Tax Commission