Detailed Answer
If a person passes away in Idaho with a limited amount of personal property and no real estate, Idaho’s small estate affidavit process allows heirs to collect assets without formal probate. Under Idaho Code §15-3-1201 et seq., this “summary administration” applies when a decedent’s personal property does not exceed $100,000 in value and there is no real property to distribute. Here’s how it works step by step:
1. Confirm Eligibility
- Ensure the decedent owned only personal property (bank accounts, vehicles, household items) valued at $100,000 or less. (See Idaho Code §15-3-1201: legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/sect15-3-1201/.)
- Verify there is no pending full probate for the estate.
2. Gather Necessary Documents
- Certified copy of the death certificate.
- Lists of all personal assets and their current values.
- Names and addresses of all heirs entitled by intestate succession or by will.
3. Draft the Affidavit
The affidavit must include:
- The decedent’s name, date of death, and county of residence.
- A statement that total personal property does not exceed $100,000.
- A description of each asset and its value.
- A list of heirs, their relationship to the decedent, and their share of the estate.
- Affiant’s (person completing the form) sworn statement confirming accuracy under Idaho Code §15-3-1203: legislature.idaho.gov/statutesrules/idstat/title15/t15ch3/sect15-3-1203/.
4. File with the Court
- Submit the original affidavit and death certificate to the clerk of the district court in the county where the decedent lived.
- Pay the statutory filing fee or request a fee waiver if eligible.
5. Serve Interested Parties
Provide copies of the filed affidavit to all heirs and known creditors. Idaho Code §15-3-1204 requires notice to creditors so they can object or present claims within 30 days.
6. Distribute Assets
- Once the 30-day creditor notice period ends with no valid objections, the assets may be distributed according to the affidavit.
- Heirs sign receipts acknowledging what they received.
- Keep records of distributions in case of future disputes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your situation.
Helpful Hints
- Start early: Gather death certificate and valuations promptly to avoid delays.
- Value assets accurately: Under- or overestimating can lead to errors or challenges.
- Notify all heirs: Clear communication helps prevent disputes later.
- Check for digital assets: Include online accounts or cryptocurrencies if applicable.
- Keep copies: Maintain filed documents and receipts for at least one year.
- Consult briefly: Even a short attorney consultation can confirm eligibility and correct form completion.