Idaho Affidavit of Heirship

Introduction

Key Things to Know

1. 1

   Idaho has no affidavit of heirship statute, and a recorded Idaho affidavit does not prove who the heirs are. Idaho Code Section 55-816 lets you record an affidavit of marital status, identity of persons, and date of death, and Section 15-1-305A lets an affidavit of a successor in interest to a decedent's property be recorded, but neither section makes the affidavit prima facie evidence of heirship the way Texas, Colorado, or Nebraska law does. It becomes part of the record of title and is admissible in court, and that is not the same as proof. Where proof matters, use the judicial determination of heirship described below.

2. 2

   What Section 55-816 recording actually does: the affidavit becomes 'a part of the record of title to the real property' and 'may be received in evidence in any cause affecting the title.' That is admissibility and record status, not proof. A judge is not bound to accept the recital as true, and it can be contradicted by other evidence.

3. 3

   Idaho sets no waiting period before or after recording, unlike Texas's five years or Colorado's twenty years. That is not a shortcut in Idaho's favor: Idaho never attaches a ripening evidentiary consequence to the recording at all, so the affidavit carries the same admissible-but-not-conclusive weight on the day it is filed as it does decades later.

4. 4

   Recording an affidavit under Section 55-816 or Section 15-1-305A does not transfer, convey, or vest title to Idaho real property. Idaho Code Section 15-3-901 provides that an heir's title arises by operation of law at the moment of the decedent's death. The affidavit is, at most, evidence about a transfer that already happened.

5. 5

   Idaho statutes set no affiant count and no disinterested-witness requirement for either affidavit. Section 15-1-305A's own affiant is described as 'a successor in interest to property of a decedent,' an interested party by definition. Title companies may ask for more signers than the statute requires, but that is underwriting practice, not Idaho law. The recorder does require the signature to be acknowledged before a notary under Section 55-805.

6. 6

   Both recording statutes reach only Idaho real property. A decedent's personal property is handled separately, through the small estate affidavit under Idaho Code Section 15-3-1201 (capped at $100,000, available after a 30-day wait), and a decedent's titled vehicle is handled through Idaho Code Section 49-514, an Idaho Transportation Department filing that has no application to land.

7. 7

   Idaho Code Section 15-3-108 exempts a proceeding to determine the heirs of an intestate decedent from the state's three-year probate deadline, so a court can determine heirship under Sections 15-3-402(c) and 15-3-409 at any distance from the death. Idaho also has no transfer-on-death deed, so planning advice built around one does not apply here.

Idaho Requirements for Affidavit of Heirship

• Idaho Recording Basis: No Dedicated Heirship Statute

  Idaho has no affidavit of heirship statute. Record this affidavit under Idaho Code Section 55-816 (affidavit of marital status, identity of persons, and date of death) and Section 15-1-305A (affidavit of a successor in interest to a decedent's property). Neither section makes the affidavit prima facie evidence of heirship.

• Idaho Acknowledgment Required for Recording

  Under Idaho Code Section 55-805, the affidavit's execution must be acknowledged before a notary before the county recorder may accept it for recording. There is no separate witness or disinterested-affiant requirement in Idaho law.

• Idaho Evidentiary Effect Is Admissibility, Not Proof

  Under Idaho Code Section 55-816, a recorded affidavit becomes part of the record of title and is admissible in evidence, but it is not prima facie evidence of heirship and is not conclusive at any interval. It does not transfer or vest title; under Section 15-3-901, an heir's title arises by operation of law at death.

• Idaho Real Property Only; Personal Property Uses a Different Affidavit

  Section 55-816 and Section 15-1-305A reach only real property. A decedent's personal property is collected under the small estate affidavit, Idaho Code Section 15-3-1201 ($100,000 cap, 30-day wait), and a titled vehicle is transferred through Idaho Code Section 49-514, an Idaho Transportation Department filing, not this instrument.

• Idaho Judicial Determination of Heirship Has No Deadline

  Where the affidavit is not enough to establish heirship, Idaho Code Sections 15-3-402(c) and 15-3-409 allow a court to determine the decedent's heirs. Idaho Code Section 15-3-108 exempts this proceeding from Idaho's three-year probate deadline, so it remains available at any distance from the death.