Idaho property deeds
Deed rules are state law, and Idaho's differ from its neighbors in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- County Recorder
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3″ top
- Recording fee
- $15 up to 30 pages
- E-recording
- Approved submitters
Deeds Idaho recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady Bird Deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Idaho does not recognize transfer-on-death deeds and lady bird deeds, so recording one here may not do what you want.
How a deed has to be signed in Idaho
Idaho requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must join in a deed of community real property (Idaho Code § 32-912), and a married person's home cannot be conveyed unless both spouses sign and acknowledge the deed, even when it is one spouse's separate property (Idaho Code § 55-1007). A deed from one spouse to the other needs only the giving spouse's signature (Idaho Code §§ 32-906(2) and 55-1007(2)). |
Idaho document formatting rules
A safe layout for Idaho is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county recorder's stamp, 0.5-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Idaho document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Idaho law sets no margin rule for recorded documents. Pages may be no larger than 8.5 by 14 inches and must be typewritten or legible (Idaho Code § 31-3205(6)). Counties set their own stamp space: Canyon County asks for a 3 by 3 inch blank space at the top of page one. Deedly leaves the top 3 inches of page one blank, which fits every Idaho county.
Idaho transfer tax and recording fees
Idaho has no state real estate transfer tax. Idaho has no real estate transfer tax, and no Idaho statute authorizes a city or county to impose one (Idaho local governments may levy only the taxes the legislature authorizes, Idaho Const. art. VII, § 6).
Recording fees run $15 for up to 30 pages and $3 for each page after that. Set by state law and the same in every Idaho county: a flat $15 to record a deed of up to 30 pages, so a short deed's second page costs nothing extra, plus $3 for each page over 30 (Idaho Code § 31-3205(1)(b)(i)).
See how Idaho's transfer tax and recording fee compare with other states.
How to hold title in Idaho
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Community property. Property acquired during marriage belongs to both spouses equally.
- Community property with right of survivorship, usually the best choice for married couples here: probate avoidance plus a full step-up in basis on the whole property at the first death. Either spouse can end the survivorship alone by recording an affidavit, and a divorce turns it into a tenancy in common (Idaho Code § 15-6-402).
What the law presumes for married couples
Property acquired during marriage is presumed community property (Idaho Code § 32-906).
Where to record a deed in Idaho
Deeds are recorded with the County Recorder in the county where the property is located. Idaho has 44 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Ada · Canyon · Kootenai · Bonneville · Twin Falls · Bannock. all Idaho recording offices
Why deeds get rejected in Idaho
- Idaho has no real estate transfer tax, state or local, and no transfer declaration form.
- Idaho is a community property state. Both spouses must sign to convey community real property, and both must sign and acknowledge a deed of a married person's home, even one that is separate property.
- Community property with right of survivorship has been available in Idaho since 2008 and is usually the best titling for married couples.
- Idaho does not recognize transfer-on-death deeds.
- Leave the top of page one blank for the recorder's stamp or label. Canyon County asks for a 3 by 3 inch space, and Ada County adds a cover sheet to a document with no room for its label. Deedly leaves the top 3 inches of page one blank.
From $29. Every Idaho rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Recorder in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a living trust for probate avoidance.
No. Idaho does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
$15 for up to 30 pages and $3 for each page after that. Idaho has no state transfer tax.
No. Idaho is not among the 34 states plus DC that authorize a transfer-on-death deed. The usual alternatives here are a revocable living trust or survivorship titling.
Keep reading
- Idaho quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Idaho general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Idaho special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Idaho life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- Idaho recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.