Affidavit of Inheritance

Tip – If a person dies and has a small estate, the Idaho Department of Transportation provides an Affidavit of Inheritance that can be filled out by an heir to make a non-probate transfer of the vehicle title.

In Idaho, when a vehicle owner dies and has an estate worth less than $100,000, Idaho law allows heirs to transfer a vehicle title using an Affidavit of Inheritance (Form ITD 3414). This process avoids the time and expense of probate for low-value estates.

This process may be used when all the following conditions are met:

  • Thirty days have elapsed since the death of the decedent.
  • The claimant is an heir of the deceased.
  • The decedent died intestate (without a will).
  • The decedent did not leave other property necessitating probate.
  • The decedent has no remaining creditors.
  • No other heirs have prior right to the named vehicle.
  • The decedent was the titled owner of the vehicle, and the claimant has a right to succeed to the motor vehicle.

Here is the process you would follow:

  1. Obtain Form ITD 3414. Download the Affidavit of Inheritance from the Idaho Transportation Department (ITD) website at itd.idaho.gov or pick it up at any county Department of Motor Vehicles (DMV) office.
  2. Complete the affidavit. Fill in the decedent’s full name, date of death, vehicle information (year, make, VIN), and the heir’s relationship to the deceased. All heirs must be listed.
  3. Gather supporting documents. Bring the original certificate of title (if available), the death certificate, and a valid government-issued photo ID to the county DMV.
  4. Submit to the county DMV. Present the completed affidavit and supporting documents at your local county assessor’s motor vehicle office. Pay the applicable title transfer fee.
  5. Receive new title. The DMV will process the transfer and issue a new certificate of title in the heir’s name, typically within 4–6 weeks.

You should be aware of the following:

  • The affidavit is attached to and made part of the application for Idaho Certificate of Title to the vehicle.
  • If a lienholder is listed on the existing title, the lien must be released before the transfer can be completed.
  • For estates exceeding $100,000, formal probate may be required. Consult an attorney.
    Here is the contact information for ITD.
    Idaho Transportation Department: itd.idaho.gov | (208) 334-8000.

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

March 2026