Idaho Small Estate Affidavit Form

Idaho Laws and Requirements

Idaho Code § 15-3-1201, published by the Idaho Legislature, sets the rules for collecting a decedent's personal property by affidavit. The estate must not exceed $100,000, at least 30 days must have passed since the death, and no petition for a personal representative may be pending or granted. The affidavit comes from the successor or someone acting for the successor.^[1]

The statute sets these legal conditions:

• The estate is within the $100,000 limit.^[1]
• Thirty days have elapsed since the death of the decedent, and the affidavit states this.^[1]
• No application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction.^[1]
• The affidavit is made by or on behalf of the successor.^[1]

Idaho Code § 15-3-1201 describes the limit in these words:

The fair market value of the entire estate of the decedent which is subject to probate, wherever located, less liens and encumbrances, does not exceed one hundred thousand dollars ($100,000)

Before the affidavit is presented, the department named in the statute must give notice by regular mail. The notice goes to any person the department knows to be an heir, successor or creditor of the estate. The department must also certify it in writing.^[1]

Within 60 days of mailing the notice, a person who claims the right to reimbursement for priority estate expenses may send the department a written demand for payment. The demand comes with any documentation of the expenses.^[1]

Idaho Code § 15-3-1201(a) covers personal property only: debts owed to the decedent, tangible personal property, and instruments such as stock. The section does not provide a way to transfer real property by affidavit.^[1]

Key Legal Facts From the Statute

Other Idaho Forms
We provide a range of key Idaho documents to anyone seeking ease when dealing with various paperwork in the state.

• Idaho Last Will
• Idaho Bill of Sale
• Idaho Power of Attorney

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What the Affidavit States

The court form on this page has each affiant swear to four printed statements, items 2 to 5. Three of them restate the conditions in Idaho Code § 15-3-1201, and the fourth names the successors' right to the property.^[1]

1. The estate subject to probate, less liens and encumbrances, does not exceed $100,000.^[1]
2. Thirty days have elapsed since the death of the decedent.^[1]
3. No application or petition for a personal representative or for summary administration is pending or has been granted in any jurisdiction.^[1]
4. The claiming successor is entitled to payment or delivery of the property.

Filling Out the Idaho Small Estate Affidavit Form

The PDF on this page is the Idaho Court Assistance Office form "Affidavit Collecting Personal Property of Decedent - Idaho Small Estate", CAO Pb 01 (3/18/2009). It is one page. Item 1 names the decedent, items 2 to 4 are printed statements, item 5 lists the successors and their shares, and the form ends with four affiant signature lines and the notary block. Fill it in with our online PDF editor, or print it and write the answers by hand.

Have these details ready before you open the form. Each one matches a line on the page.

• The decedent's full name, the Idaho county where the decedent lived, and the date and place of death.
• The name of each successor and the share each one is entitled to.
• A notary public to take the oath of each person who signs.

The screenshots under each step show form CAO Pb 01, the Idaho court form, filled with sample entries in blue, so you can see where each answer goes. The names, places, dates and shares are examples only.

1. Decedent (item 1). Write the decedent's full name and the county in Idaho where the decedent lived, then the date and the place of death. Use the second line if the place needs more room.

   

2. Successors and their shares (item 5). Items 2, 3 and 4 are printed statements. The estate subject to probate, less liens and encumbrances, does not exceed $100,000, at least 30 days have passed since the death, and no application or petition for a personal representative or for summary administration is pending or has been granted. Read them, then list each successor by name with the proportion each one is entitled to, such as 1/2. The form has four lines.

   

3. Affiant signatures. Each person making the affidavit signs on a Signature of Affiant line. The form has four. Sign only in front of the notary.

   

4. Notary block. The notary fills in the county, the day and month of the oath, and signs as Notary Public for Idaho, adding where the notary resides and when the commission expires.

   

When the form is complete, print it. Sign it in front of a notary public, because the form carries a notary block for the sworn statement. Its footer notes that the affidavit cannot be used to transfer title to real property. Check each detail you provided against the death certificate before you sign.

Parts of the PDF Form

The court form fits on a single page. It opens with the sworn statements and ends with the notary block, so every blank you need to fill in sits in one place.

• Header: the form number CAO Pb 01, the title and the words "I/we swear/affirm under oath".
• Decedent (item 1): the decedent's name, county of residence, and the date and place of death.
• Printed statements (items 2 to 4): the $100,000 limit, the 30 days since the death, and no pending or granted appointment of a personal representative.
• Successors (item 5): four lines for each successor's name and proportion.
• Signatures and notary block: four Signature of Affiant lines, the State of Idaho and County lines, and the notary's signature, residence and commission date.
• Footer: a note that the affidavit cannot be used to transfer title to any real property.

Frequently Asked Questions

These answers come from the text of Idaho Code § 15-3-1201. They cover whether Idaho has an affidavit procedure, how a small estate relates to probate, and the dollar limit that applies.^[1]

Does Idaho have a small estate affidavit?

Yes. Under Idaho Code § 15-3-1201, a person who owes the decedent money or holds the decedent's personal property must pay or deliver it to a person claiming to be the successor. The successor presents an affidavit made by or on behalf of the successor.^[1] If the decedent lived in another state, use the small estate affidavit form for that state.

Do I need probate if the estate is small?

Idaho sets a $100,000 limit for the small estate procedure. The limit is the fair market value of the entire estate that is subject to probate, wherever located, less liens and encumbrances.^[1]

What is the amount for a small estate affidavit?

The amount is $100,000, counted at fair market value less liens and encumbrances.^[1]

General information, not legal or tax advice.

Sources

1. Idaho Code § 15-3-1201.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.