Idaho Small Estate Affidavit: The House Counts Toward $100,000 but Cannot Pass By It

Settled Estate puts the Idaho small estate affidavit limit at $100,000, subject to conditions this page sets out in full. Real property cannot pass this way. Read from Idaho Code § 15-3-1201. Last verified September 2026.

Idaho has one small-estate dollar figure and three shortcut routes. The affidavit measures everything the decedent owned that is subject to probate, land included, and then moves only the personal property.

Based on Idaho Code § 15-3-1201

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

Does Idaho Have a Small Estate Affidavit?

Yes. Idaho Code § 15-3-1201 lets a successor collect the decedent's personal property with a sworn affidavit once thirty days have passed since the death, provided the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, does not exceed $100,000, and no application or petition to appoint a personal representative or for summary administration is pending or has been granted in any jurisdiction. The affidavit goes to whoever holds the property, such as a bank, an employer or a transfer agent, and is never filed with a court. The catch is real estate. A house or land counts toward the $100,000 at its equity, but the affidavit reaches only debts owed to the decedent, tangible personal property and instruments evidencing a debt, obligation, stock or chose in action, and Idaho has no separate real-property affidavit. So an estate under the figure that includes land can collect its accounts and car this way and still needs another route for the land. A will does not close the route.

Do you qualify?

Qualifying threshold: $100,000 or less, measured on the fair market value of the entire estate of the decedent subject to probate, wherever located, less liens and encumbrances (Idaho Code § 15-3-1201(a)(1)). Real property is inside that measure at its equity, even though the affidavit cannot transfer it.Idaho's figure is a net, whole-estate test. Add up everything subject to probate, wherever it sits, at fair market value, then subtract liens and encumbrances. Nothing is excluded by asset class, so the house counts: a $300,000 house with a $250,000 mortgage contributes $50,000. Property that passes outside probate, such as a payable-on-death account, a jointly held account with survivorship, or life insurance with a living named beneficiary, is not part of the estate subject to probate. One question the statute does not answer is how community property enters the total. Idaho Code § 15-1-201(16) defines the estate to include community property of the surviving spouse subject to administration, and § 15-3-1201 does not say whether only the decedent's half or the whole community asset counts, so check with the bank or an Idaho attorney before relying on a close call.
Waiting period: Thirty days after the death (Idaho Code § 15-3-1201(a)(2)). There is no outer deadline on the affidavit itself: Idaho Code § 15-3-108 bars opening a probate more than three years after the death, but it says that limit does not apply to proceedings under § 15-3-1201 or § 15-3-1205. The route does close if anyone applies to be personal representative, or files for summary administration, in Idaho or any other state.
Court filing fee: $0, because nothing is filed. The successor presents the affidavit to the bank, employer or other holder, and no court fee attaches. The affidavit is signed before a notary, who may charge a notary fee. Budget separately for certified death certificates, which cost $16.00 each from the Idaho Department of Health and Welfare under IDAPA 16.02.08.251, with $10.00 more per certificate for priority processing.
Attorney: Not typically neededNo statutory requirement. Idaho Code § 15-3-1201 is written so a successor can sign and present the affidavit without counsel. Advice earns its cost where the estate sits near $100,000, where community property makes the total uncertain, where the estate includes land that still has to pass another way, where more than one person claims to be the successor, where the death was before July 1, 2006, or where the decedent received Medicaid and the Department of Health and Welfare may claim the property.
Real estate: Not covered by this procedureReal estate counts toward the Idaho limit but cannot be transferred by the affidavit. Idaho Code § 15-3-1201(a)(1) measures the entire estate subject to probate, less liens and encumbrances, with no carve-out for land, while the property the affidavit reaches is a debt owed to the decedent, tangible personal property, or an instrument evidencing a debt, obligation, stock or chose in action. Idaho has no separate real-property affidavit and no real-property transfer-on-death deed. Land in an estate needs another route: an informal or formal probate, the summary administrative procedure in § 15-3-1203 once a personal representative is appointed, or, where the surviving spouse takes everything, the § 15-3-1205 petition, whose decree has the effect of a formal decree of distribution. Real property held by spouses as community property with right of survivorship under Idaho Code § 15-6-401 passes to the surviving spouse outside probate, but only where the grant, transfer or devise expressly declared that estate.

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Main Requirements

Whole Probate Estate of $100,000 or Less, Net of Liens

Idaho Code § 15-3-1201(a)(1) caps the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, at $100,000. Real property counts toward it at its equity.

Thirty Days Have Passed Since the Death

Required by § 15-3-1201(a)(2).

No Personal Representative or Summary Administration Anywhere

Section 15-3-1201(a)(3) requires that no application or petition for appointment of a personal representative, or for summary administration, is pending or has been granted in any jurisdiction, in Idaho or elsewhere.

The Signer Is Entitled to the Property

Section 15-3-1201(a)(4) requires the claiming successor to be entitled to payment or delivery, including entitlement as a trust under the decedent's will.

Personal Property Only

The affidavit reaches debts owed to the decedent, tangible personal property, and instruments evidencing a debt, obligation, stock or chose in action. It cannot transfer land, and Idaho has no separate real-property affidavit.

A Will Does Not Close the Route

Section 15-3-1201(a)(4) expressly contemplates a successor taking as a trust under the decedent's will, so the affidavit is not limited to estates without a will.

Medicaid Recovery Can Use the Same Affidavit

Under § 15-3-1201(c), the Department of Health and Welfare is deemed a successor for recovery of medical assistance, after it mails notice to known heirs, successors and creditors and certifies that notice to the holder.

Available Small-Estate Options

Small Estate Affidavit, Idaho Code § 15-3-1201

Limit: Entire probate estate, wherever located, less liens and encumbrances, at $100,000 or less. Collects debts owed, tangible personal property and instruments; cannot transfer land
Real Estate: Not included
Timeline: Usable thirty days after the death, then as long as each holder takes to pay or deliver
Typical Fee: $0. Never filed. Notary fee and certified death certificates at $16.00 each

Summary Administrative Procedure, Idaho Code §§ 15-3-1203 and 15-3-1204

Limit: No dollar figure. The estate, less liens, must not exceed the $50,000 homestead allowance, up to $10,000 of exempt property, administration costs, reasonable funeral expenses and last-illness medical and hospital bills
Real Estate: Can be included
Timeline: Needs an appointed personal representative and an inventory, then distribution without notice to creditors and a sworn closing statement
Typical Fee: $130 on the court fee schedule for summary administration of small estates

Surviving Spouse as Sole Beneficiary, Idaho Code § 15-3-1205

Limit: No cap. The surviving spouse must be the sole devisee or heir, and assumes liability for the decedent's debts
Real Estate: Can be included
Timeline: A verified petition, notice under § 15-1-401 and a hearing, where the spouse may appear by telephone or affidavit
Typical Fee: Between $130 and $166. The fee schedule does not say whether its $130 summary administration row covers this petition, so confirm with the clerk

Informal Probate, Idaho Code §§ 15-3-302 and 15-3-307

Limit: No dollar threshold. The ordinary route for an uncontested estate, including one with land
Real Estate: Can be included
Timeline: Commonly 7 to 12 months; the closing statement cannot be filed earlier than six months after appointment
Typical Fee: $166, the same in all 44 counties

Under $100,000 does not mean the house can skip probate.

The most common Idaho mistake is reading the $100,000 figure as a promise that the whole estate can pass by affidavit. It cannot. Idaho Code § 15-3-1201 counts real property toward the limit and then moves only personal property, and Idaho has no real-property affidavit and no transfer-on-death deed for land. An estate with $20,000 in the bank and a house with $70,000 of equity qualifies for the affidavit on the bank account and still needs a probate, the summary administrative procedure, or a surviving-spouse petition to pass the house. Add the house to the bank balance before deciding whether the affidavit is open at all, because the $100,000 test is applied to both together.

Step-by-Step Process

Add Up the Whole Probate Estate, House Included

Idaho Code § 15-3-1201(a)(1) measures the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances. Count solely owned bank and brokerage accounts, vehicles, household goods, money owed to the decedent, and real estate at its value minus the mortgage. Leave out property that passes another way and is not part of the probate estate, such as payable-on-death and transfer-on-death accounts, jointly held accounts with survivorship, and life insurance or retirement accounts with a living named beneficiary.

Check the Figure Against $100,000

If the net total is $100,000 or less, the affidavit is available for the personal property. If the estate includes community property, the statute does not say whether only the decedent's half or the whole asset counts, so treat a total near the line as a question for an Idaho attorney. If the death was before July 1, 2006, the figure in force at that time was $75,000.

Wait Thirty Days After the Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm Nobody Has Opened an Estate

Idaho Code § 15-3-1201(a)(3) requires that no application or petition for the appointment of a personal representative, or for summary administration, is pending or has been granted in any jurisdiction. That reaches other states too. Ask the Clerk of the District Court in the county where the decedent lived, and any family member who might have filed, before signing.

Confirm You Are the Person Entitled to the Property

Only a successor entitled to payment or delivery of the property can sign, and § 15-3-1201(a)(4) includes entitlement as a trust under the decedent's will. A will does not close the route. Entitlement comes from the will or from Idaho intestacy, where the decedent's half of community property goes to the surviving spouse and separate property is shared under Idaho Code § 15-2-102.

Sign the Affidavit Before a Notary

The affidavit states each fact in § 15-3-1201(a). Idaho's court self-help site publishes no probate form, so no court form number applies. For vehicles, the Idaho Transportation Department publishes ITD 3413, Small Estate Affidavit, which restates the $100,000 test; its reference to Idaho Code § 15-1-201(5) for the definition of successor is out of date, because successors are now defined in § 15-1-201(50).

Present It to Each Holder, and Plan Separately for Land

Give the signed affidavit and a death certificate to each bank, employer or company holding property. A transfer agent must change the registration of a security on presentation of the affidavit under § 15-3-1201(b). Any Idaho real estate stays where it is until another route moves it, usually an informal probate or, for a surviving spouse who takes everything, a § 15-3-1205 petition.

County Note: The affidavit never reaches a courthouse, and the courthouse would not vary anyway. Idaho Code § 15-1-201(8) makes the district court the probate court in every county, heard in each county's magistrate division, and the fee schedule is statewide, so no Idaho county is cheaper or stricter than another. What is local is the Clerk of the District Court, who is also the county recorder, if the estate later needs a probate case or has land to record.

FAQ: Idaho Small Estate Affidavit

Does Idaho have a small estate affidavit?

Yes. Idaho Code § 15-3-1201 lets a successor collect the decedent's personal property with a sworn affidavit when thirty days have passed since the death, the fair market value of the entire estate subject to probate, wherever located, less liens and encumbrances, is $100,000 or less, and no application or petition for a personal representative or for summary administration is pending or granted anywhere. The affidavit is presented to whoever holds the property and is not filed with a court.

What is the Idaho small estate limit?

$100,000, measured net of liens and encumbrances across the whole probate estate, wherever located. The figure has stood since July 1, 2006, when 2006 Idaho Sess. Laws ch. 160 raised it from $75,000. It is not indexed for inflation and changes only by amendment.

Does the house count toward the Idaho limit?

Yes, at its equity. Section 15-3-1201(a)(1) measures the entire estate subject to probate with no exclusion for real estate, so a $300,000 house with a $250,000 mortgage adds $50,000. But the affidavit cannot transfer the house. It reaches only personal property, and Idaho has no real-property affidavit, so land in the estate needs a probate or another court route even when the total is under $100,000.

Is there a waiting period for an Idaho small estate affidavit?

Thirty days from the date of death under § 15-3-1201(a)(2). There is no outer deadline on the affidavit itself: the three-year limit on opening a probate in Idaho Code § 15-3-108 says it does not apply to proceedings under § 15-3-1201 or § 15-3-1205.

Does a will stop you from using the Idaho affidavit?

No. Section 15-3-1201(a)(4) expressly covers a successor entitled to the property, including as a trust under the decedent's will. What closes the route is a pending or granted application for a personal representative or for summary administration, in Idaho or in any other state.

How much does an Idaho small estate affidavit cost?

No court fee, because it is never filed. Expect a notary fee for signing, and certified death certificates at $16.00 each from the Idaho Department of Health and Welfare under IDAPA 16.02.08.251, plus $10.00 per certificate for priority processing.

Official Forms, Sources, and VerificationOfficial references used for this page

Idaho Code § 15-3-1201, Collection of personal property by affidavitIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-3-1202, Effect of affidavitIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-3-1203, Small estates, summary administrative procedureIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-3-1204, Small estates, closing by sworn statement of personal representativeIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-3-1205, Summary administration of estates in which a surviving spouse is the sole beneficiaryIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-3-108, Probate, testacy and appointment proceedings, ultimate time limitIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 15-1-201, General definitionsIdaho Legislature. Current official statute text, accessed September 24, 2026.
Idaho Code § 49-514, Transfer of ownership by operation of lawIdaho Legislature. Current official statute text, accessed September 24, 2026.
2006 Idaho Sess. Laws ch. 160 (Senate Bill 1319), the act that raised the figure to $100,000Idaho Legislature. Bill page with enacted text, accessed September 24, 2026.
Vehicle Titles, including ITD 3414 Affidavit of Inheritance and ITD 3413 Small Estate AffidavitIdaho Transportation Department, Division of Motor Vehicles. Current official agency page, accessed September 24, 2026.
IDAPA 16.02.08.251, Fees for copies, searches, and other servicesIdaho Department of Health and Welfare. Current administrative rule, accessed September 24, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Idaho can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.