Letter to a bank or other holder in Idaho

A letter that presents the small estate affidavit you have already signed. It says what you enclose and asks the holder to release the property.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

Papers you are enclosing

Check what you will include. Only checked items go in the letter.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

Official forms (linked, not reproduced here)

This site does not write the affidavit. Use the official form or the holder's own form:

Before you send it

Some banks have their own form or ask for a notary. Call the bank's estates department first and ask what it needs. Keep a copy of everything you send.

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
  1. Wait until at least 30 days after the death.
  2. Check that no one has applied for appointment of a personal representative or for summary administration in any state.
  3. Write the affidavit with the four statements the law requires.
  4. Sign it under oath.
  5. 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

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

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)

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.