Idaho Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A successor in Idaho collects a decedent's personal property with a sworn affidavit instead of probate, a route Idaho Code Section 15-3-1201 opens once 30 days have passed and the entire probate estate, wherever located and net of liens, stays at $100,000 or less.

2. 2

   The affidavit is available only when the fair market value of the entire estate of the decedent subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000 (Idaho Code Section 15-3-1201).

3. 3

   It may not be used until 30 days have elapsed since the date of death (Idaho Code Section 15-3-1201).

4. 4

   The Idaho affidavit reaches personal property only, meaning tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action; it does not transfer real property.

5. 5

   Idaho has no small-value real-property affidavit like some states. Real property in a small estate is handled through the summary administrative procedure under Idaho Code Section 15-3-1203, a personal-representative probate route with no flat dollar cap.

6. 6

   The affiant swears that no application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction, and that the affiant is entitled to the property (Idaho Code Section 15-3-1201).

7. 7

   The successor presents the signed affidavit directly to the person holding the asset rather than filing it with a court. A holder who pays or delivers in reliance on the affidavit is discharged as if it had dealt with a personal representative (Idaho Code Section 15-3-1202).

Idaho Requirements for Small Estate Affidavit

• 30-Day Waiting Period

  In Idaho a small estate affidavit may not be used until 30 days have elapsed since the date of the decedent's death (Idaho Code Section 15-3-1201). The affidavit states that this 30-day period has passed.

• $100,000 Qualifying Value Limit

  The affidavit is available only when the fair market value of the entire estate of the decedent subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000 (Idaho Code Section 15-3-1201). This is a fixed statutory figure that is not adjusted for inflation.

• Personal Property Only

  The Idaho affidavit reaches personal property only, meaning tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action (Idaho Code Section 15-3-1201). It does not transfer real property, and Idaho has no small-value real-property affidavit.

• Real Property Uses Summary Administration

  Real property in a small Idaho estate is handled through the summary administrative procedure under Idaho Code Section 15-3-1203, a personal-representative probate route with no flat dollar cap, rather than by the Section 15-3-1201 affidavit.

• No Probate May Be Pending

  The affiant must swear that no application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction (Idaho Code Section 15-3-1201). If probate has already been opened, the affidavit is not available.

• Who May Be the Affiant

  The affidavit is made by or on behalf of a person claiming to be the successor of the decedent who is entitled to payment or delivery of the property, including entitlement under the decedent's will (Idaho Code Section 15-3-1201).

• Presented to the Asset Holder, Not Filed

  The Idaho affidavit is presented directly to the person or institution holding the asset, such as a bank or transfer agent, not filed with a court. A holder who pays or delivers in reliance on it is discharged as if it had dealt with a personal representative (Idaho Code Section 15-3-1202).

• Signed Under Oath With Continuing Accountability

  The affidavit is signed under oath. A successor who receives the property remains answerable and accountable to any personal representative of the estate or to any other person with a superior right (Idaho Code Section 15-3-1202). Do not sign if the facts are uncertain.