If an individual passes away without a Will, it is known as dying "intestate." The laws governing intestacy vary from state to state. In Idaho, under Title 15, Chapter 2, Part 1, of the Idaho Uniform Probate Code, the distribution of a person's estate is as follows: the surviving spouse is entitled to all community property and half of any separate property owned by the deceased. The remaining half of the separate property will be inherited by the decedent's children, parent, or other heirs, if applicable.

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