Letter asking for the balance on the date of death in Idaho
A short letter that asks a bank or other holder for the value of the person's accounts on the date of death. Banks usually want this before the estate is settled.
What to expect
A bank may ask for a certified death certificate and proof that you are allowed to ask. The bank decides what it will release and when.
Bank accounts after a death in Idaho
Money in a joint account belongs to the surviving owner if an intent to give the account can be shown, and money in a pay-on-death account belongs to the named payee. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the probate estate is worth no more than $100,000 after liens.
Law: Idaho Code 15-6-104, 15-3-1201
Source: Official page
Do bank accounts count toward the small estate limit?
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no pay-on-death payee, count. Law: Idaho Code 15-3-1201(a)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Money in a joint account belongs to the surviving owner (if an intent to give can be shown), and money in a pay-on-death account belongs to the payee, not to the probate estate. Law: Idaho Code 15-6-104 |
Transfer-on-death (TOD) and payable-on-death (POD) in Idaho
- Bank account (POD)
Yes
Law: Idaho Code 15-6-104(b)
Source: Official page
Death certificates in Idaho
Applicants must provide a government-issued photo ID with signature (or two forms of ID).
- Where to get it
- Idaho Department of Health and Welfare, Bureau of Vital Records and Health Statistics
- Official page
- Official page
Surviving spouse in Idaho
Idaho is a community property state. With no will, the person's half of community property passes to the surviving spouse. Real property held as community property with right of survivorship belongs to the surviving spouse at death (15-6-401). A spouse who is the only heir or devisee can use summary administration (15-3-1205), but then takes on the person's debts.
Law: Idaho Code 15-2-102(b)
Collection of personal property by affidavit (Idaho Code 15-3-1201)
A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The fair market value of everything subject to probate, wherever it is, minus liens and encumbrances, cannot be more than $100,000.
- What counts
The fair market value of the entire estate that is subject to probate, wherever located, minus liens and encumbrances. Property that passes outside probate (joint accounts with survivorship, pay-on-death accounts, beneficiary designations) is not part of the probate estate.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
A person or entity claiming to be the successor (who inherits under the will, including a trust named in the will, or under state law), or someone acting for the successor. The Idaho Department of Health and Welfare can also act as a successor to recover Medicaid, after giving notice to heirs and creditors.
- Court or where to file
Not filed with a court. You give it to the bank or other holder.
- Notary
The law requires an affidavit, which is a sworn statement.
- Papers to attach
- Certified copy of the death certificate (holders usually ask for it)
- Steps
- Wait until at least 30 days after the death.
- Check that no one has applied for appointment of a personal representative or for summary administration in any state.
- Write the affidavit with the four statements the law requires.
- Sign it under oath.
- Give it to each bank, company or person holding the property.
- Fee
No court filing fee, because the affidavit is not filed with the court.
- Debts and responsibility
Anyone who receives property by affidavit must answer for it to any personal representative of the estate or to anyone with a better right.
- What the bank or holder must do
The holder that pays or delivers on the affidavit is released as if it dealt with a personal representative and need not check the truth of the affidavit. A transfer agent must re-register securities. If a holder refuses, the people entitled can bring a court proceeding to recover the property.
Law: Idaho Code 15-3-1201, 15-3-1202
Source: Official page
Who inherits with no will in Idaho
If there is no will, the surviving spouse gets the person's half of community property. Of separate property, the spouse gets all of it if there are no children or parents; half if there are parents but no children; half if there are children. The rest goes to the children (or their descendants), then parents, then brothers and sisters and their descendants, then grandparents' families.
Law: Idaho Code 15-2-102, 15-2-103
Source: Official page
Good to know in Idaho
- The affidavit counts the whole probate estate, wherever located, including real estate, at fair market value minus liens.
- A surviving spouse who inherits everything can get a court decree without administration, but becomes liable for the person's debts.
- Idaho Medicaid estate recovery reaches property passed outside probate, such as joint tenancy and living trusts.
Related pages
Free help in Idaho
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.