Detailed Answer
In Idaho, a small estate affidavit lets you collect certain estate assets without formal probate. You can use this process when the decedent’s personal property totals $100,000 or less and real property does not exceed $20,000. This procedure is governed by Idaho Code Title 15, Chapter 3 (§ 15-3-101 et seq.).
Required Documents for an Idaho Small Estate Affidavit
- Certified Death Certificate: Obtain a certified copy of the decedent’s death certificate from the Idaho Department of Health and Welfare.
- Small Estate Affidavit Form: Complete and sign the affidavit under oath. Idaho courts do not provide a standard statewide form, so check with the local district court clerk.
- Statement of Assets and Values: Prepare an inventory listing each estate asset (bank accounts, vehicles, stocks) and its estimated value.
- Heirship Affidavit: List all heirs and beneficiaries with their full names, addresses, and relationships to the decedent.
- Statement of No Pending Administration: Swear that no formal probate proceeding has been filed in Idaho or elsewhere.
- Court Filing Receipt: Pay the required filing fee and include the court’s cover sheet or receipt.
- Clerk’s Certificate of Effectiveness: After a 14-day waiting period with no objections, obtain a certificate from the clerk confirming the affidavit’s effectiveness.
Disclaimer: This article provides general information about Idaho law and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney.
Helpful Hints
- Verify asset values before filing to ensure you meet the statutory limits (see Idaho Code § 15-3-102).
- Check with the district court clerk for any local rules or form templates.
- Notify known creditors to avoid future claims against estate assets.
- Keep copies of all filed documents for your records.
- Consider full probate if assets exceed small estate limits or if disputes arise.