Small Estate Affidavit in Idaho

If the probate estate's fair market value, minus liens and encumbrances, is $100,000 or less, a successor can collect money owed to the decedent, tangible personal property, and financial instruments (including securities) by affidavit. The affidavit can be used 30 days after death, and only if no application for a personal representative or summary administration is pending or granted anywhere. The statute covers personal property; it does not provide for transferring real estate.

(1) Surviving spouse summary administration: when the surviving spouse is the only heir or beneficiary, the spouse can file a verified petition and obtain a court decree with no estate administration; there is no dollar limit, but the spouse becomes liable for the decedent's debts. (2) Small estate summary closing: if the inventory shows the estate is worth no more than the homestead allowance, exempt property, administration costs, reasonable funeral expenses and last-illness medical costs, the personal representative may distribute the estate without notice to creditors and close it with a sworn statement.

If notice to creditors is published, claims must be presented within four months after the first publication or they are barred. A known creditor who is mailed or handed written notice has until the later of four months after publication or 60 days after the written notice. If no notice is given, pre-death claims are barred three years after death.