Idaho Estate Planning Resources
In-depth guides covering Idaho probate laws, trust requirements, and estate planning strategies.
In-depth guides covering Idaho probate laws, trust requirements, and estate planning strategies.
Prepare the Idaho small estate affidavit for estates up to $100,000, plus presentation letters for each holder. Idaho Code §§ 15-3-1201 to 15-3-1202.
Step 1 of 5
The Idaho affidavit identifies the claiming successor and the basis of entitlement.
The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.
The successor signing the affidavit.
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No statewide form. Idaho Code § 15-3-1201(a)(1)-(4) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.
$100,000, per Idaho Code §§ 15-3-1201 to 15-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.
30 days after the death (Idaho Code §§ 15-3-1201 to 15-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.
A person or entity claiming to be the successor of the decedent (the affidavit is made by or on behalf of the successor). For recovery of medical assistance, the Department of Health and Welfare is deemed a successor to the estate, provided it first mails notice to known heirs, successors, and creditors and honors 60-day written demands for priority estate expenses under § 15-3-805(a)(1)-(4). Idaho Code § 15-3-1201(a), (c).
The person or entity indebted to the decedent or having possession of the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action. A transfer agent of any security must change registered ownership on presentation of the affidavit (§ 15-3-1201(b)).
The person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if he dealt with a personal representative, and need not see to the application of the property or inquire into the truth of any statement in the affidavit (§ 15-3-1202). Recipients remain answerable to any personal representative or person with a superior right.
The valuation gate counts the entire probate estate — including real property — against the $100,000 cap, but the affidavit itself only compels payment of indebtedness and delivery of tangible personal property and instruments evidencing intangible property. Real property cannot be transferred by the affidavit; it requires probate (or Idaho's summary administration where the surviving spouse is sole devisee/heir, § 15-3-1205). Idaho Code § 15-3-1201(a).
Get a complete guide for your specific circumstances.

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