Detailed Answer
In Idaho, an heirship (or small-estate) affidavit lets an heir or creditor collect certain personal property of a deceased person without formal probate. Idaho Code Title 15, Chapter 2, Sections 801–813 outline this process (see Idaho Code Chapter 2). Here’s how to prepare and file an heirship affidavit:
- Verify eligibility. The total value of the decedent’s personal property (excluding real estate) must fall below the statutory threshold (check Idaho Code § 15-2-808 for current limits). No probate proceeding may be pending or closed.
- Identify the heirs. Gather full legal names, addresses, and relationships of all heirs at law. Idaho follows intestate succession rules if there’s no will (Idaho Code § 15-2-102).
- Prepare the affidavit. The document must include:
- Decedent’s full name, date of death, and last residence;
- A statement that no probate is pending;
- The estate’s approximate value and a description of each asset;
- A complete list of heirs with addresses and relationships;
- An affirmation under penalty of perjury that the information is true.
- Give required notice. Idaho law requires mailing a copy of the proposed affidavit to all known heirs at least 30 days before filing (Idaho Code § 15-2-810).
- Notarize the affidavit. Sign the document before a notarial officer. The notary must attach their seal and commission details.
- File with the county clerk. Submit the original affidavit to the clerk in the county where the decedent lived. Pay any filing fee required by local rules.
- Collect assets. Request certified copies of the filed affidavit. Present them to banks, insurers, or other entities holding the decedent’s property.
Always verify current statute numbers and filing fees with the county clerk’s office and consult Idaho Statutes for updates.
Helpful Hints
- Use a template recommended by the county clerk or a reputable legal aid organization.
- Double-check the heir list—missed heirs may challenge the affidavit.
- Keep copies of all mailed notices and proof of mailing.
- Confirm the estate value threshold before preparing the affidavit.
- Ask the clerk about electronic filing options in your county.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult an attorney for guidance tailored to your situation.