Free Idaho Affidavit of Death

In Idaho, a surviving joint owner records the “Affidavit setting forth facts showing the date of death”.

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Who may sign in Idaho: Not stated; Idaho Code § 55-816 names no affiant for an affidavit showing a date of death.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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A surviving co-owner of the propertyAnother person who knows the facts

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The “Affidavit setting forth facts showing the date of death”: Idaho law lets an affidavit stating the date of death of a person named in a recorded instrument affecting title be recorded with the county recorder. Recording is optional; Idaho law also lists death certificates among the instruments the recorder records. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: Not stated; Idaho Code § 55-816 names no affiant for an affidavit showing a date of death. The affidavit is sworn before a notary public, who completes the jurat. Idaho's recording law requires an acknowledgment on a recorded instrument, so the document carries the acknowledgment certificate beside the jurat.

It states: the facts showing the date of death of the deceased owner; the deceased owner as a person mentioned in a recorded instrument affecting title to the real property.

Recording is not a condition of the transfer: title passed at the death under the instrument.

In Idaho, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record. The document prepared on this page is the surviving joint owner's affidavit.

The Affidavit of Death in Idaho

When a joint owner dies in Idaho, the land records still show the deceased owner. What a surviving joint owner records: the “Affidavit setting forth facts showing the date of death”. What it does: Idaho law lets an affidavit stating the date of death of a person named in a recorded instrument affecting title be recorded with the county recorder. Recording is optional; Idaho law also lists death certificates among the instruments the recorder records. It goes to the county recording office.

What the statute has it state: the facts showing the date of death of the deceased owner; the deceased owner as a person mentioned in a recorded instrument affecting title to the real property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

In Idaho, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Idaho statutes and official state code. How we research.

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The Affidavit of Death in Idaho

What the statute has it state: the facts showing the date of death of the deceased owner; the deceased owner as a person mentioned in a recorded instrument affecting title to the real property.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record.

In Idaho, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record.

Free Idaho Affidavit of Death

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Free Idaho Affidavit of Death

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