Idaho grants spouses the ability to hold community real property with rights of survivorship

Starting tomorrow (July 1, 2008), the Idaho spouses may now hold community real property with rights of survivorship.
   

Here is the statement of the new law's purpose prepared by the Idaho legislature:

Idaho law allows for real estate to be held as "Joint Tenants with Right of Survivorship" ("JTWROS") and that method is widely used in this State.  This allows transfer of the real estate to the surviving joint tenant by recordation of a death certificate in the county where the real estate is held, thereby avoiding a probate of such real estate.  However, there are clear tax and other advantages to holding real estate in community property status.  Holding property as JTWROS can be interpreted to lose the community property status of the real estate and therefore holding community property as JTWROS property to avoid probate is risky.  A husband and wife can record a Devolution Agreement to pass the real estate at death, somewhat like JTWROS property, but the method is cumbersome and limited, and does not cover all potential questions that may arise.  Arizona, like Idaho a community property state, has had "Community Property With Right of Survivorship" for a number of years, without problems being created.  The language of this statute is taken almost verbatim from the Arizona statute, with modifications as proposed by real estate professionals in Idaho.

This Bill will allow spouses to pass property at the death of the first to die spouse without a probate or summary administration, while keeping the community property status of the property clear.

See 2008 Idaho Laws Ch. 175.