Detailed Answer
When verifying individuals with an interest in real property in Idaho, you need to gather information to confirm identity, capacity, and authority. Below are the main categories and required documents under Idaho law.
1. Natural Persons
- Government-issued photo ID: Driver’s license or passport to verify identity.
- Deed or conveyance document: Must include full legal name, mailing address, and signature acknowledged per Idaho Code § 55-1417 (55-1417).
- Marital status: For married owners, if required by local custom or community property rules, a spousal consent or joinder deed per Idaho Code § 55-1202 (55-1202).
2. Business Entities
- Formation documents: Articles of incorporation, organization, or partnership agreement certified by the Idaho Secretary of State (Idaho Secretary of State).
- Certificate of good standing: Issued by the Idaho Secretary of State, confirming the entity is active and authorized.
- Resolution or authorization: Board resolution or officer’s certificate granting authority to sign real estate documents on behalf of the entity.
3. Trusts
- Certification of trust: A written certificate with the trust name, date, trustee identity, and powers per Idaho Uniform Trust Code § 15-2-1008 (15-2-1008).
- Copy of trust instrument: If more detail is required, submit a full or redacted trust agreement.
4. Estates and Guardianships
- Letters testamentary or of administration: Court-issued documents appointing a personal representative.
- Guardianship or conservatorship orders: Court order naming a guardian for a minor or incapacitated person.
5. Power of Attorney
- Original power of attorney: Properly executed and acknowledged per Idaho Code § 55-1417 (55-1417).
- Agent identification: Government-issued photo ID for the agent acting on behalf of a principal.
Disclaimer
This information is provided for general understanding and is not legal advice. Consult a licensed Idaho attorney to address your specific situation.
Helpful Hints
- Always use certified copies when possible and present the originals for verification.
- Confirm the notary is commissioned in Idaho and that acknowledgments meet Idaho Code requirements.
- When dealing with out-of-state documents, ensure proper apostille or authentication.
- Keep records of all identity verifications and authorizations for future reference.
- Check with the county recorder’s office for any local recording requirements.