Idaho's recorded instrument, Affidavit of a successor in interest to property of a decedent, rests on a statute written for a sworn statement of heirs. What a recorded affidavit does, in the statute's words: from the time the affidavit is filed for record, notice is imparted to all persons of its contentsIdaho Code § 15-1-305AVerified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
Who may sign, in the statute's words: a successor in interest to property of a decedentIdaho Code § 15-1-305AVerified Sep 24, 2026View source. The statute names no witness requirementIdaho Code § 15-1-305A (scan)Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: The decedent's ownership of the property; The decedent's death; The claimant's relationship to the decedentIdaho Code § 15-3-901Verified Sep 24, 2026View source.
In Idaho, estates valued at $100,000Idaho Code § 15-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitIdaho Code § 15-3-1201Verified Sep 8, 2026View source, 30 daysIdaho Code § 15-3-1201Verified Sep 8, 2026View source after death. Real property counts toward the limitIdaho Code § 15-3-1201Verified Sep 8, 2026View source. An estate over the limit does not qualify, and no affidavit is prepared for it.
30 daysIdaho Code § 15-3-1201Verified Sep 8, 2026View source after the death. The affidavit states that the period has passed, so it cannot be signed earlier.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.