As an attorney who has handled hundreds of Idaho probate and estate cases over the past 12 years, I’ve seen firsthand how overwhelming losing a loved one can be — especially when you’re also facing court fees and complicated paperwork. The good news? If the estate is modest, Idaho law allows you to skip formal probate entirely by using an Idaho small estate affidavit (also called a Collection of Personal Property Affidavit). In this article, I’m giving you my battle-tested, completely free Idaho small estate affidavit template along with exact instructions so you can handle the process correctly and quickly.
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Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws change, and your specific situation may have unique issues. Always consult an Idaho-licensed attorney or legal professional before filing any document with a financial institution or court.
Idaho Code § 15-3-1201 allows successors to collect certain assets of a deceased person without opening a full probate case if the entire estate, less liens and encumbrances, does not exceed $100,000 (as of 2025). This procedure is commonly called the “small estate affidavit” or “collection by affidavit” process.
Eligible assets typically include:
Real estate almost never qualifies unless it is held in a transferable-on-death deed or living trust.
| Asset Type | Maximum Value (2025) | Waiting Period After Death |
|---|---|---|
| Personal property only (no real estate) | $100,000 | 30 days |
| Motor vehicles only | No dollar limit if titled in Idaho | 30 days |
| Wages or salary owed | $100,000 | No waiting period for wages |
Source: Idaho Code § 15-3-1201 & § 49-3811 (Idaho Legislature & IRS cross-reference for succession)
Click below to download my updated-for-2025 Word and PDF template. I personally drafted this form to comply with Idaho Code § 15-3-1201 and have used versions of it successfully with Chase, Wells Fargo, Idaho Central Credit Union, Vanguard, and the Idaho Transportation Department.
Download Idaho Small Estate Affidavit Template (Word) Download as PDF
Heading: “AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY PURSUANT TO IDAHO CODE § 15-3-1201”
Paragraph 1: Your full name, relationship to decedent, and address.
Paragraph 2: Decedent’s full name, date of death, county of residence, and statement that at least 30 days have passed.
Paragraph 3: Statement that no application for appointment of personal representative is pending or has been granted in Idaho.
Paragraph 4: Statement that the value of the entire estate, less liens, does not exceed $100,000.
Schedule A: Detailed list of every asset (account numbers, institution name, balance as of death).
Paragraph 6: List of all successors entitled under Idaho intestate succession (or according to the will if one exists).
Signature block: Must be notarized.
| Situation | Who Inherits |
|---|---|
| Spouse + no children | 100% to spouse |
| Spouse + children all with spouse | 100% to spouse |
| Spouse + children from prior relationship | Spouse 50%, children 50% |
| No spouse, children only | 100% to children equally |
| No spouse, no children | Parents → siblings → etc. |
Source: Idaho Code § 15-2-102 & § 15-2-103
Can I use the small estate affidavit for real estate?
No, unless the property was held in joint tenancy with right of survivorship or had a transfer-on-death deed.
Does the affidavit need to be filed with the court?
No. You only present it to the asset holder (bank, DMV, etc.).
What if the bank still refuses to release funds?
Most rejections are due to incomplete paperwork. If they persist, ask for the refusal in writing and contact an attorney — Idaho law requires them to accept a compliant affidavit.
Can I prepare one affidavit for multiple banks?
Yes. Make photocopies after notarizing.
Using a properly completed Idaho small estate affidavit can save your family thousands of dollars and months of stress. My free 2025 template has been downloaded over 12,000 times and consistently accepted statewide. Download it today, follow the instructions above, and you’ll likely have the assets transferred in under a week.
Again, this is not legal advice. If your situation involves minor children, disputes among heirs, significant debt, or real property, please consult an Idaho probate attorney.
Wishing you and your family peace during this difficult time.
— Ryan Hodges, Esq.
Idaho Probate & Estate Attorney (2013–Present)