Detailed Answer
This explains how to verify whether a decedent’s bank accounts fall below the small‑estate threshold in Idaho so you can use the simplified small estate process. This is an overview only; for binding legal guidance contact a licensed Idaho probate attorney or the local probate court.
Step 1 — Confirm the current Idaho small‑estate rule
State law sets the procedures and any dollar limits that let heirs collect certain assets without full probate. Statutes and rules can change. Review Idaho probate law at the Idaho Legislature site for Title 15 (Probate and Decedents’ Estates):
https://legislature.idaho.gov/statutesrules/idstat/Title15/.
If you believe the threshold is $20,000, verify that number against the current Idaho statute or by calling the probate clerk in the county where the decedent lived. The county clerk or magistrate court’s probate department can confirm the dollar limit and the right form to use.
Step 2 — Collect the documents you will need
- Certified copies of the decedent’s death certificate (get several certified copies).
- Latest bank statements and passbooks for each account.
- Checkbook, cancelled checks, deposit slips, and online banking login info if available.
- Tax returns, recent pay stubs, and mail showing direct deposits or account notices.
- Any account agreements, beneficiary designation forms, or trust documents.
Step 3 — Identify account ownership and beneficiary designations
Banks will treat accounts differently based on ownership and named beneficiaries. Determine for each account whether it is:
- Solely in the decedent’s name (this normally counts toward the estate value).
- Joint account with rights of survivorship (typically passes to the surviving joint owner and may not count toward the estate).
- Payable‑on‑death (POD) or transfer‑on‑death (TOD) with a named beneficiary (these usually pass directly to the beneficiary).
- Held in a revocable or irrevocable trust (assets in a valid trust usually avoid probate).
For each account, ask the bank to confirm in writing the account type, any beneficiary or co‑owner, and the account balance as of the date of death. Banks often require a certified death certificate to release that information.
Step 4 — Get official balances and written confirmations
To calculate the estate total you must use accurate balances as of the date of death (or the bank’s accepted valuation method). Contact each financial institution’s probate or estate department and request:
- A written statement of the account balance on the date of death.
- Copies or descriptions of any beneficiary forms, POD/TOD designations, or account ownership documents.
- The bank’s policy about releasing funds with a small‑estate affidavit and what proof they require.
Keep copies of each written response. If a bank refuses to provide written confirmation, ask for the name and contact information of the bank representative and note the refusal in your records.
Step 5 — Add up the estate‑countable assets
Prepare a simple inventory or spreadsheet listing:
- Each sole‑owned bank account and its confirmed balance.
- Money in accounts that the bank says will be paid to the estate rather than a named beneficiary.
- Other personal property that the small estate rule counts (for Idaho, check the statute to see which property categories are included or excluded).
Do not include assets that clearly pass outside probate (for example, accounts with valid POD beneficiaries or property held in a trust) unless the bank states the asset will be treated as estate property.
Step 6 — Address hidden or forgotten accounts
Look for other accounts or assets that might push the total over the limit:
- Search mail, email, and tax returns for unnoticed bank names.
- Check for retirement accounts, brokerage accounts, or unclaimed property.
- Order a free copy of the decedent’s credit report (annualcreditreport.com) to see accounts you might have missed.
- Search state unclaimed property databases; Idaho’s is at the Idaho State Treasurer site or the national missingmoney.com database.
Step 7 — Decide whether the small estate path applies
If, after completing the inventory, the total of the assets that must pass through probate is under the statutory limit (verify that limit under Idaho law), the simplified small estate affidavit or similar process may be available. Banks will often accept a court‑approved affidavit or the bank’s own probate release form plus a certified death certificate and photo ID for the recipient.
If your total is close to the limit, get the banks’ written positions about whether they will accept a small estate affidavit. If any bank insists on formal probate or will not accept the affidavit, you may need to open a short, limited probate.
When to consult a probate attorney or the court
Contact an Idaho probate lawyer or the county probate clerk if any of the following apply:
- You cannot obtain written balance or beneficiary confirmations from banks.
- Multiple creditors claim the same assets or a creditor dispute exists.
- The asset total is near the statutory limit and a bank’s position could change the outcome.
- The estate includes real property, complex assets, or a will that needs filing.
Key resources
- Idaho statutes (Title 15, Probate and Decedents’ Estates): https://legislature.idaho.gov/statutesrules/idstat/Title15/
- Idaho courts / probate information: https://isc.idaho.gov/ (contact your county’s magistrate court/probate clerk for local procedures).
Helpful Hints
- Order multiple certified death certificates at once. Banks usually require originals or certified copies.
- Always get the bank’s answers in writing. A phone call is helpful, but a written confirmation is stronger proof.
- Ask each bank if they accept a small‑estate affidavit and, if so, whether they require a statutory form, a court form, or the bank’s own affidavit.
- Know that power of attorney ends at death. Only probate documents, beneficiary designations, or small‑estate affidavits normally move funds after death.
- Keep a clear inventory and back up digital records. A simple spreadsheet listing institution, account number (last four digits), ownership type, balance as of date of death, and contact is very useful.
- If you expect disputes among heirs or creditors, obtain legal advice before distributing funds — improper distributions can create personal liability.
- If a bank refuses to cooperate, ask to speak to its estate/probate specialist or the bank’s legal department; note names and dates of conversations.
Disclaimer: This article provides general information about Idaho probate procedures and is not legal advice. Laws change, and your facts may alter the correct course of action. For advice specific to your situation, consult a licensed Idaho probate attorney or the local probate court.