Tip – You only have three years to file for probate.
Probate is a legal process of administering the estate of a deceased person, which involves validating their Will (if one exists) identifying and managing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries. Under Idaho law you have 3 years after a person passes away to file for probate and administer an estate. If probate is not commenced within this timeframe, heirs and beneficiaries must utilize alternative procedures, including claiming property by affidavit under specific statutory provisions.
This three-year limitation is jurisdictional and cannot be waived by the parties. However, there are limited exceptions under Idaho Code § 15-3-108A. In addition, the estate of a husband or wife may be probated more than 3 years after the first spouse’s death by filing for joint probate after the death of the second spouse.
AFFIDAVIT OF HEIRSHIP
An affidavit of heirship is a legal document used to establish ownership of real property when probate proceedings haven’t been completed within 3 years of a person’s death. To file this document, you’ll typically need to gather essential documentation including the death certificate, marriage certificate, and the deceased person’s Will if they had one. The affidavit must be sworn before a notary public and should detail information about the Will, the deceased spouse, the marriage, any children or other heirs, and a description of the property in question.
Once completed and notarized, the affidavit is filed in the county clerk’s office where the property is located, along with any required filing fees. This process can establish a clear chain of title for property transfers or sales.
Given the three-year limitation on probate proceedings, prompt filing of probate proceedings is recommended when an estate requires administration.
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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.
July 2025