If your estate is less than $100,000, it is unnecessary to probate it.

In Idaho, small estates that have a value of less than $100,000, do not need to be probated for the heirs to collect the property in the estate. Thirty days after a person has died, any heir of the decedent—on behalf of all the heirs—may present an affidavit to any individual holding property of the decedent to obtain the property.

Idaho Code § 15-3-1201 lays out the requirements for the affidavit, which must state the following:

• The fair market value of the entire estate of the decedent is less than $100,000.
• Thirty days have elapsed since the death of the decedent.
• No application for the appointment of a personal representative in a probate proceeding is pending in any jurisdiction.
• The person claiming the property is entitled to payment or delivery of the property.

The effect of the affidavit is that the individual who delivers the personal property to the heir is released from any liability. They are released to the same extent as if they had dealt with a personal representative in a probate proceeding.

A form entitled Idaho Small Estate Affidavit for Collection of Decedent’s Property, Possessions, & Accounts can be found online. However, if you need to transfer the title to a vehicle belonging to the decedent, you can find an Affidavit of Inheritance form on the Idaho Department of Transportation’s web site.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law-with you for life!

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.

May 2021