Laws
- Statute: §§ 15-3-1201 and 15-3-1202
- Maximum Estate Value (§ 15-3-1201(a)(1)): $100,000
- Mandatory Waiting Period (§ 15-3-1201(a)): Thirty (30) days
- Where to File: No filing required.
How to Record (3 Steps)
- Step 1 – Qualifications
- Step 2 – Complete and Notarize Affidavit
- Step 3 – Collect Decedent’s Property
Step 1 – Qualifications
Before making an affidavit, the affiant must ensure that their situation meets the following requirements:
- Thirty (30) days have passed since the decedent’s date of death.
- The estate’s total value does not exceed $100,000 (after liens and debts have been deducted).
- There is no pending or granted application to appoint a representative or summary administration.
- The estate cannot include any real estate.
- The affiant is an Idaho resident and entitled to collect the decedent’s property.
Step 2 – Complete and Notarize Affidavit
Complete the Affidavit for Collection of Personal Property and bring it before a notary public to be notarized. The notary will require the affiant to present proof of identification and a copy of the decedent’s death certificate.
Death certificates can be ordered from the Idaho Department of Health and Welfare.
Step 3 – Collect Decedent’s Property
Once notarized, the affidavit can be used to collect the property and funds listed in the document and settle the estate. If the decedent’s estate includes any vehicles, the affiant will need to complete the Idaho Transportation Division’s Small Estate Affidavit and present it at a DMV office to transfer ownership.