How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Idaho | Idaho Probate | FastCounsel
Get Matched
ID Idaho Probate

How to Validate and Certify an Affidavit of Collection to Collect Personal Property in Idaho

August 6, 2025 3 min read

Detailed Answer

In Idaho, you can collect a decedent’s personal property without formal probate by using an Affidavit for Collection of Personal Property under Idaho Code § 15-2-101. This procedure applies when the total value of personal property does not exceed $100,000 (excluding liens and encumbrances). Follow these steps to validate and certify your affidavit:

1. Confirm Eligibility

• Ensure the decedent has been dead at least 30 days.
• Confirm the total value of all personal property (bank accounts, vehicles, household goods, etc.) is $100,000 or less.
• Verify no probate administration is pending or required.

2. Prepare the Affidavit

Draft an affidavit containing:
• Decedent’s full legal name, date, and place of death.
• Your name, address, and relationship or interest in the estate.
• A statement that the estate’s personal property value does not exceed $100,000.
• A description of each item or class of property you intend to collect.
• A declaration under penalty of perjury that you are entitled to the property as a distributee or legal successor.
• The date on which the decedent’s death occurred.

Reference: Idaho Code § 15-2-101.

3. Notarize the Affidavit

• Sign the affidavit before a notary public.
• Provide the notary with a valid photo ID.
• Ensure the notary completes an acknowledgment or jurat, certifying your signature and oath.

4. Attach Required Documents

• Include a certified copy of the decedent’s death certificate.
• If you are not a spouse, child, or parent, attach a surety bond unless all heirs waive this requirement in writing (Idaho Code § 15-2-101).

5. Serve Co-Heirs and Interested Parties

• Provide a copy of the affidavit and supporting documents to all other distributees or heirs at least 10 days before collection.
• Keep proof of service (certified mail receipts or affidavits of hand delivery).

6. Present to Custodian

• Furnish the original notarized affidavit and attachments to the bank, institution, or custodian holding the property.
• Request release or transfer of the property.
• Retain certified copies and a record of each release.

7. Maintain Records

• Keep a file of the affidavit, death certificate, service proofs, and custodian acknowledgments.
• Document the date and method of each property transfer.

Disclaimer: This article provides general information about Idaho law and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

Helpful Hints

  • Double-check the total value of all assets before proceeding.
  • List each asset clearly to avoid disputes with co-heirs.
  • Use certified or registered mail when serving interested parties.
  • Keep a detailed timeline of every step you take.
  • Consult an attorney if any heir objects or if property exceeds the $100,000 threshold.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.