Updated on March 24th, 2022
An Idaho small estate affidavit permits the successor of a qualifying estate to collect inherited property without any court involvement. If the decedent’s estate is worth $100,000 or less after consideration of any liens and debts, it qualifies as a small estate. The successor of a small estate can avoid probate by completing an affidavit for the collection of the decedent’s personal property. This type of affidavit cannot be used for the transfer of real estate. Therefore, if the inheritance includes any real property, the estate will have to pass through court.
The form requires no official filing and only needs to be notarized to be made effective.
- 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.