Small estate checker for Idaho
Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.
The limits this checker uses
These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.
Collection of personal property by affidavit (Idaho Code 15-3-1201)
30 days after the death.
Also in Idaho (not tested here)
These procedures have their own rules, so the checker does not test them. See the state page.
- Summary administration of estates in which a surviving spouse is the sole beneficiary
- Small estates summary administrative procedure
What counts toward the limit in Idaho
Add up the fair market value of everything in the person's estate that is subject to probate, wherever it is, and subtract liens and encumbrances. Property that passes outside probate is not part of that total.
Law: Idaho Code 15-3-1201(a)(1)
In this state the total is counted after subtracting liens.
| 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 |
Cars and other vehicles | Counts | Vehicles in the person's name count toward the probate estate. The Transportation Department uses form ITD 3413 for a small estate vehicle transfer. Law: Idaho Code 15-3-1201(a)(1); ITD 3413 |
Boats and mobile or manufactured homes | Counts | A boat or mobile home in the person's name that is subject to probate counts. Law: Idaho Code 15-3-1201(a)(1) |
Real estate in Idaho | Counts | Real estate subject to probate counts toward the total, minus mortgages. The affidavit itself collects personal property only. Law: Idaho Code 15-3-1201(a) |
Main home (primary residence) | Counts | A home subject to probate counts, minus the mortgage. A home held as community property with right of survivorship passes to the surviving spouse. Law: Idaho Code 15-3-1201(a)(1), 15-6-401 |
Real estate in another state | Counts | The estate is counted 'wherever located', so probate real estate in other states counts. Law: Idaho Code 15-3-1201(a)(1) |
Unpaid wages owed to the person | Counts | Money owed to the person, such as a final paycheck, counts. Law: Idaho Code 15-3-1201(a) |
Military pay owed to the person | Not clear | Ask the court assistance office how military pay owed to the person is treated. Law: Idaho Code 15-3-1201 |
Life insurance or retirement money paid to a named person | Left out | Insurance and retirement benefits paid to a named beneficiary are not subject to probate. Law: Idaho Code 15-3-1201(a)(1) |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the person's estate are subject to probate and count. Law: Idaho Code 15-3-1201(a)(1) |
Property in a living trust | Left out | Property already in a living trust is not subject to probate. Law: Idaho Code 15-3-1201(a)(1) |
Property owned jointly with right of survivorship | Left out | Property that passes by survivorship to a co-owner is not subject to probate. Law: Idaho Code 15-3-1201(a)(1), 15-6-104, 15-6-401 |
Property going to a surviving spouse | Not clear | Idaho is a community property state. Ask the court assistance office how community property passing to the spouse is counted; a spouse who inherits everything can use summary administration instead. Law: Idaho Code 15-2-102, 15-3-1205 |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone, with no transfer-on-death beneficiary, count. Law: Idaho Code 15-3-1201(a)-(b) |
Furniture, jewelry and other belongings | Counts | Belongings count at fair market value. Law: Idaho Code 15-3-1201(a)(1) |
Source: Official page
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
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
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.