Idaho Small Estate Affidavit: $100,000 Limit, Wait Time and Form

Idaho lets a successor collect a deceased person's personal property with a sworn affidavit, and no court case, when the estate subject to probate is worth no more than $100,000 after liens and encumbrances. Under Idaho Code 15-3-1201, the affidavit can be used only once 30 days have passed since the death.

The affidavit reaches money owed to the person who died, their belongings and items like stock and account instruments. It does not reach a house or land. For real property, Idaho offers a court-supervised summary administration and a separate court petition for a surviving spouse who inherits everything. For how other states compare, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Idaho's collection of personal property by affidavit (Idaho Code 15-3-1201 and 15-3-1202), small estate summary administration (Idaho Code 15-3-1203 and 15-3-1204), the surviving spouse summary administration petition (Idaho Code 15-3-1205), and the Idaho Transportation Department vehicle affidavits. It does not cover full probate administration, who inherits under Idaho intestacy rules, estate tax, or the law of any other state.

When you can use an Idaho small estate affidavit

Idaho Code 15-3-1201 lets a person who claims to be a successor of the decedent collect personal property by presenting an affidavit to whoever holds it. The affidavit must state four things, taken from subsection (a) of the statute:

1. The fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000.
2. Thirty days have elapsed since the death.
3. No application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction.
4. The claiming successor is entitled to payment or delivery of the property, including entitlement as a trust under the decedent's will.

All four have to be true. If any one is not, the affidavit is not the right tool, and you are looking at one of the court procedures described below.

Idaho's three small estate procedures compared

What counts toward the $100,000 limit

The $100,000 figure is measured by fair market value, and you subtract liens and encumbrances, such as a loan secured by a car. The test covers the estate wherever located, so property in another state counts too.

Only the estate "subject to probate" counts. Section 15-3-1201 does not list which assets fall outside probate. Accounts and property that pass directly to a co-owner or named beneficiary generally are not part of the probate estate, but if you are unsure whether an asset counts, ask the holder or a lawyer before you sign.

The $100,000 figure is a fixed amount, not adjusted for inflation. The Idaho Legislature's history for section 15-3-1201 shows the last amendments in 2006, and the version published on the Legislature's site in 2026 shows no 2025 or 2026 change.

The 30-day waiting period

Under Idaho Code 15-3-1201(a), a holder must pay or deliver on the affidavit "thirty (30) days after the death of a decedent." The affidavit itself must state that 30 days have passed. The Idaho Transportation Department's vehicle version asks you to swear that more than 30 days have elapsed since the death.

Who can sign the affidavit

The affidavit is made "by or on behalf of the successor." Idaho Code 15-1-201(50) defines successors as "those persons, other than creditors, who are entitled to property of a decedent under his will or this code." That means:

• People who inherit under the will, or under Idaho's intestacy rules if there is no will, can use the affidavit.
• A trust that takes under the decedent's will can be the claiming successor, which section 15-3-1201(a)(4) expressly allows.
• Creditors cannot use it, because the definition of successor excludes them.

The statute does not set up an order of priority, such as spouse first, among successors for this affidavit. Each successor claims the property they are entitled to.

Medicaid estate recovery and the affidavit

If the person who died received medical assistance, Idaho Code 15-3-1201(c) treats the Department of Health and Welfare as a successor to the estate for recovering that assistance. To get that status, the department must give notice by regular mail to known heirs, successors or creditors before the affidavit is presented, and certify that notice in writing to the person presenting the affidavit.

After that notice, people with claims for priority expenses have 60 days to submit their demands. If you know the decedent received medical assistance, expect the department to be part of the process.

How to use the affidavit, step by step

1. Wait 30 days after the death.
2. Confirm the estate is within the cap. Add up the fair market value of everything subject to probate, wherever located, and subtract liens and encumbrances. The result must be $100,000 or less.
3. Check that no probate case exists. No petition for a personal representative or summary administration can be pending or granted anywhere.
4. Prepare the affidavit with the four statements the statute requires. The Idaho Court Assistance Office's forms list does not include a small estate affidavit, so there is no statewide court form for general property such as bank accounts. Idaho Legal Aid Services, a nonprofit, publishes a free affidavit template with instructions on its wills and small estates page. It is not a court form, and parts of its wording do not match the statute exactly, so make sure whatever you use contains all four statements section 15-3-1201 requires. Its template is signed before a notary with a copy of the death certificate attached. Ask each holder what it needs.
5. Present it to the holder. Give the affidavit to the bank, employer, company or person holding the property or owing the money. For a vehicle, use the transportation department's form described below.

Nothing is filed with a court, so the court does not review the affidavit. We did not find a statute or court source saying whether the general affidavit must be notarized or which documents, such as a death certificate, must go with it. Holders set their own requirements, so ask before you go.

What the affidavit covers and what it does not

Under section 15-3-1201(a), the affidavit reaches anyone "indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent." A transfer agent must change the registered ownership of securities on the affidavit. In practice that covers:

• Money owed to the decedent, including a balance in an account held only in the decedent's name and unpaid wages
• Tangible personal property, meaning physical belongings
• Instruments such as stock and other registered securities

Real property is not covered

The affidavit does not transfer a house or land. Part 12 of Idaho's probate code has no real property affidavit. If the estate includes real estate, the options are:

• Summary administration under Idaho Code 15-3-1203, if the estate qualifies (see below)
• The surviving spouse petition under Idaho Code 15-3-1205, if the spouse is the sole devisee or heir
• Regular probate, explained on our Idaho probate page

To look up how a property is titled and recorded, see Idaho property records.

Vehicles

The Idaho Transportation Department has two affidavits for transferring a vehicle title, both attached to the title application and listed on the department's vehicle titles page:

• Small Estate Affidavit, ITD 3413 (Rev. 10/24). Its sworn statements track section 15-3-1201, including that the entire estate does not exceed $100,000 and that more than 30 days have elapsed since the death. It is signed under penalty of perjury.
• Affidavit of Inheritance, ITD 3414 (Rev. 12/24). This form is for heirs under Idaho Code 49-514: the surviving spouse, children, issue of deceased children, parents, brothers or sisters, or a guardian. The heir swears that the decedent died without a will, has no remaining creditors and did not leave other property needing probate, and that no heir has a prior right.

Both forms make the person signing warrant and defend the title and indemnify the transportation department. That is a real promise: if someone with a better claim to the vehicle appears later, you may be responsible for it. We did not verify the title fees for these transfers.

Final paycheck

We did not find an Idaho statute that lets an employer pay a deceased worker's final wages directly to family outside probate. The wage chapter (Idaho Code 45-601 to 45-621) has one death provision, section 45-603, and it covers the death of the employer, not the employee. Wages owed to the decedent are a debt owed to them, so a successor can generally collect them with the 15-3-1201 affidavit, within the $100,000 cap.

Unclaimed property

Idaho's unclaimed property program is run by the State Treasurer. We could not verify the Treasurer's rules for heirs, including whether it accepts a small estate affidavit, what documents it requires or any dollar limit. See Idaho unclaimed property for how to search, and ask the Treasurer's office what an heir must submit.

Liability and false affidavits

Idaho Code 15-3-1202 protects the holder, not the person who signs. A bank or other holder that pays on the affidavit "is discharged and released to the same extent as if he dealt with a personal representative of the decedent." It does not have to "inquire into the truth of any statement in the affidavit."

The person who receives the property carries the risk. Under section 15-3-1202, anyone who receives property on an affidavit "is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right." The section sets no time limit on that liability. If you collect more than your share, or property that belongs to someone else, you can be made to account for it.

Swearing to something you know is false has criminal exposure. Idaho Code 18-5401 makes it perjury to state as true, under oath before an officer or authorized person, any material matter you know to be false. Both transportation department affidavits are signed under penalty of perjury.

If a holder refuses to pay

Section 15-3-1202 also says that if a holder refuses, the property can be recovered, or its delivery compelled, "upon proof of their right in a proceeding brought for the purpose." That means a court case, so talk to the holder first about what it needs.

Summary administration for small estates

Summary administration under Idaho Code 15-3-1203 is a court procedure, not an affidavit. A personal representative must first be appointed. Then, if the inventory and appraisal show that the entire estate, less liens and encumbrances, does not exceed the following total, the personal representative may distribute the estate immediately without giving notice to creditors:

• The homestead allowance of $50,000 under Idaho Code 15-2-402, which applies only if there is a surviving spouse or, if none, minor or disabled children the decedent supported
• Exempt property, up to $10,000 of tangible personal property under Idaho Code 15-2-403, which goes to a surviving spouse or, if none, the decedent's children
• Costs and expenses of administration
• Reasonable funeral expenses
• Reasonable and necessary medical and hospital expenses of the last illness

If there is no surviving spouse and no qualifying children, the two allowances do not apply, and the estate fits this test only if it does not exceed the administration, funeral and last-illness expenses.

Because a personal representative handles the whole estate, this route can reach real property. To close, the personal representative files a verified statement with the court under Idaho Code 15-3-1204, stating that the estate was within these limits and was fully administered, and that a copy went to the distributees and known unpaid creditors. If no proceedings involving the personal representative are pending one year after that statement is filed, the appointment ends.

We did not locate an official court form or filing fee for summary administration. The probate court clerk in the county where the person lived can tell you what to file.

Surviving spouse summary administration

When the surviving spouse is the sole devisee or heir, Idaho Code 15-3-1205 allows a shorter court route with no dollar limit. The surviving spouse, or anyone claiming title to property through the spouse, files a verified petition setting out the marriage and the death. If there is a will, the original is attached.

The catch is debt. The surviving spouse "shall assume and be liable for any and all indebtedness that might be a claim against the estate," and there is no administration of the estate. Notice of hearing is given under Idaho Code 15-1-401. The petitioner and the spouse do not have to appear in person and may appear by phone or file affidavits of notice.

The court's decree has "the same effect as a formal decree approving or determining distribution," so it can transfer real property to the spouse. We did not locate an official court form for this petition, but Idaho Legal Aid Services offers a petition template on its wills and small estates page. We did not locate the filing fee.

When to open probate instead

The affidavit is available only when every condition in section 15-3-1201 is met. Consider summary administration or regular probate when:

• The estate subject to probate is worth more than $100,000 after liens and encumbrances
• The estate includes a house or land that is not covered by another transfer method
• A petition for a personal representative or summary administration has already been filed anywhere
• Successors disagree about who is entitled to what
• A holder refuses to honor the affidavit

Our Idaho probate page explains the full process, and how probate works gives the national picture.

Related

• Small estate affidavit rules by state
• Idaho probate process
• Idaho unclaimed property
• Idaho property records
• Montana small estate affidavit
• Washington small estate affidavit

Disclaimer: This article provides general legal information about Idaho's small estate procedures under Idaho Code Title 15, Chapter 3, Part 12, verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate court clerk in the county where the person lived, the Idaho Court Assistance Office, a legal aid office, or a lawyer licensed in Idaho.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Idaho?

Under Idaho Code 15-3-1201, the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, must not exceed $100,000. The figure is fixed and is not adjusted for inflation.

How long after death can I use a small estate affidavit in Idaho?

Thirty days. Section 15-3-1201 requires the affidavit to state that 30 days have elapsed since the death, and the transportation department's vehicle form asks you to swear that more than 30 days have passed.

Does an Idaho small estate affidavit need to be filed with the court?

No. The affidavit is presented directly to the person holding the property or owing the debt, and nothing is filed with a court.

Can I transfer a house with a small estate affidavit in Idaho?

No. The section 15-3-1201 affidavit reaches only debts, tangible personal property and instruments such as stock. Real property needs summary administration under Idaho Code 15-3-1203, the surviving spouse petition under 15-3-1205, or regular probate.

Is there an official Idaho small estate affidavit form?

Not a statewide court form. The Idaho Court Assistance Office forms list has no small estate affidavit. Idaho Legal Aid Services, a nonprofit, offers a free template, but it is not a court form, so check that it contains all four statements section 15-3-1201 requires. For vehicles, the Idaho Transportation Department uses its own Small Estate Affidavit, ITD 3413.

Can a creditor use an Idaho small estate affidavit?

No. The affidavit is for successors, and Idaho Code 15-1-201(50) defines successors as persons other than creditors who are entitled to the decedent's property under a will or the probate code.

How do I transfer a car title in Idaho when the owner dies without probate?

Attach either the Small Estate Affidavit (ITD 3413) or, for listed heirs when there is no will, the Affidavit of Inheritance (ITD 3414) to the title application. Both forms make you warrant and defend the title and indemnify the transportation department.

Can a surviving spouse avoid probate in Idaho?

If the spouse is the sole devisee or heir, Idaho Code 15-3-1205 allows a verified court petition with no dollar limit, but the spouse assumes liability for all of the estate's debts. If the estate subject to probate is $100,000 or less after liens, the spouse can also collect personal property by affidavit under 15-3-1201.