Idaho Small Estate Affidavit Explained

Idaho’s small estate affidavit is genuinely generous compared to many states, and requires no court filing at all.

What is the threshold?

Idaho Code § 15-3-1201 sets the small estate affidavit threshold at $100,000 - the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances. This is among the more generous thresholds covered in this series. Even if all the decedent had was personal property, a probate will still be required if its total value exceeds $100,000 - that’s how this process earned its “small estate” name.

What qualifies as personal property?

The affidavit reaches personal property broadly - things that can be touched and held, such as cars, furniture, personal effects, guns, coin collections, and jewelry, plus intangibles like a debt, obligation, stock, or a chose in action owed to the decedent.

Does this require any court filing?

No - unlike many states’ processes, Idaho’s affidavit is obtained from the Court Assistance Office and signed before a notary public - no court filing is required at all.

How long must you wait after death?

At least 30 days must have elapsed since the death before the affidavit can be presented to whoever holds the property.

How are vehicles transferred?

Through a separate form, ITD 3413, filed with the Idaho Transportation Department, rather than the small estate affidavit itself.

What should I do next?

Confirm the estate’s total value (not just what’s held in any one account) is under $100,000 before assuming this affidavit applies - it’s the entire probate estate that counts, not a single asset. Vehicles need their own separate filing with the Transportation Department.

What if the decedent received Medicaid?

Idaho’s statute has a special rule for recovery of medical assistance. A Social Security Administration summary of Idaho Code 15-3-1201(c) says the Idaho Department of Health and Welfare may be treated as a successor of the estate for that purpose, and must give notice to the successors and creditors before presenting an affidavit. If the person received Medicaid benefits, ask the Department or an attorney how that affects the timing and the notice. The affidavit also cannot be used if a petition for a personal representative or for summary administration is already pending or has been granted.

Add this to your Final Day Plan: a rough total of your assets that would actually pass through probate - remember that community property with a spouse and named-beneficiary accounts don’t count toward this $100,000 figure.

Idaho law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Idaho-licensed attorney for guidance specific to your situation.