Tip – If the total value of an estate is under $100,000.00, you may be able to claim the property with an Affidavit instead of filing for probate.
Every so often, a client comes to my office after a parent has died. The parent didn’t have any real property—a home or acreage—but did have a checking account and savings account, and a car titled only in the parent’s name. The client has already gone to the bank, but even with a death certificate (and sometimes a Will naming the child as personal representative), the bank refused access to the accounts. The county assessor’s office then told them the car title can’t be transferred without probate. Understandably, the client doesn’t want to go through probate and asks
whether there is another way to reach the money and retitle the car.
The good news is that there is. Idaho Code § 15-3-1201 lets a person who claims to be the decedent’s successor collect property by Affidavit. The successor presents the Affidavit to any person or institution that owes money to the decedent or holds the decedent’s tangible personal property. Once it is presented, the bank must release the account funds, and anyone holding
tangible personal property must deliver it to the successor.
An Affidavit is a sworn statement signed in front of a notary. Under § 15-3-1201, it must state that:
- The fair market value of the decedent’s entire probate estate, less encumbrances, does not exceed $100,000.
- At least thirty days have passed since the decedent’s death.
- No application for appointment of a personal representative is pending or has been granted in any jurisdiction.
- The person claiming is entitled to payment or delivery of the property.
To transfer a vehicle title, the Idaho Transportation Department’s website offers a dedicated Affidavit form for vehicles.
Keep in mind that the successor, meaning anyone who receives money or property under the Affidavit, is accountable to the decedent’s creditors and to anyone else with a right to that money or property.
This statute gives small estates a simple way to collect property without going to court. In some situations, though, probate may actually be less of a hassle. Financial institutions are sometimes reluctant to release funds based only on an Affidavit and would rather deal with a personal representative appointed by the probate court.
If you have questions about when it would be appropriate to use an Affidavit, we would be happy to answer them.
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.
September 2026