What to gather for a small estate in Idaho
Pick a procedure and check off what you already have. Download or print the list to take with you.
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
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
Car or vehicle title after a death in Idaho
A successor can transfer a vehicle title with the ITD Small Estate Affidavit (ITD 3413) after 30 days, if the probate estate minus liens is no more than $100,000. If the person died without a will, left no creditors and no other property needing probate, a survivor or heir can use the Affidavit of Inheritance (ITD 3414), listing the other heirs. Both are signed under penalty of perjury and are attached to the application for an Idaho title; the claimant agrees to defend the department against claims.
Law: Idaho Code 15-3-1201; ITD 3413, ITD 3414
- Agency
- Idaho Transportation Department, Division of Motor Vehicles (ITD DMV)
- Waiting period
- 30 days after the death
- Fee
The DMV charges its title fee.
Source: 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)
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.