Skip to content
PayByTown

Small estate affidavit in Idaho (2026)

In Idaho, heirs can collect up to $100,000 without probate with a sworn affidavit (Collection of personal property by affidavit (Idaho Code 15-3-1201)). You must wait 30 days after the death. Real estate: not covered. Last checked .

Idaho at a glance

Affidavit cap
$100,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Summary administration where the surviving spouse is sole beneficiary (Idaho Code 15-3-1205)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Idaho cap for this date of death

    $100,000

    A worked example for Idaho

    Say a parent who lived in Idaho died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Idaho

    • The affidavit. After 30 days, a successor presents an affidavit to anyone owing money to or holding personal property of the decedent, who must pay or deliver it; transfer agents must re-register securities. Nothing is filed with a court.
    • Cap. The decedent's entire probate estate, after liens and encumbrances, must be worth $100,000 or less.
    • What counts. Fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances (real estate in the probate estate counts toward the value).
    • What doesn't count. Non-probate property (joint tenancy, POD/TOD, beneficiary designations, trust assets) is not part of the estate subject to probate.
    • Waiting period. 30 days must have passed since the death.
    • Conditions. No application or petition for a personal representative or for summary administration is pending or granted in any jurisdiction; the claimant must be entitled to the property (including a trust taking under the will). The Department of Health and Welfare can act as a successor to recover Medicaid after giving notice.
    • Who can sign. A person or entity claiming to be the successor (heir, devisee, or trust under the will), or someone on their behalf; Idaho Dept. of Health and Welfare for Medicaid recovery.
    • Court filing. The affidavit goes directly to the holder; no court filing.

    Houses, land and vehicles

    • Real estate. The affidavit covers personal property only; land needs probate (or the surviving-spouse summary administration under 15-3-1205).
    • Vehicles. ITD retitles a vehicle with its Small Estate Affidavit (ITD 3413, same $100,000/30-day test) or an Affidavit of Inheritance (ITD 3414) attached to the title application.

    When the affidavit isn't enough

    If the surviving spouse is the sole heir or devisee, the spouse files a verified petition; after notice and hearing the court issues a decree with the effect of a distribution decree, with no administration, and the spouse assumes the decedent's debts. No dollar cap. A personal representative may also close a tiny estate (not exceeding allowances, exempt property, administration, funeral and last-illness costs) by sworn statement (15-3-1203, 15-3-1204).

    Good to know in Idaho

    • Anyone receiving property is accountable to a later personal representative or anyone with a superior right.
    • Idaho Legal Aid publishes a free Affidavit for Collection of Personal Property and a petition for summary administration; formsUrl points to the ITD vehicle version because no court-published affidavit form was found.

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

    More for Idaho

    Everything for Idaho on one page