Attorney-Approved  Small Estate Affidavit Form for Idaho Make This Small Estate Affidavit Online

Attorney-Approved Small Estate Affidavit Form for Idaho

The Idaho Small Estate Affidavit is a legal document that allows individuals to claim assets of a deceased person without going through the formal probate process. This form is typically used when the total value of the estate is below a certain threshold, making it a simpler option for settling small estates. By using this affidavit, heirs can efficiently transfer property and settle affairs with minimal delay.

When a loved one passes away, handling their estate can feel overwhelming, especially during such an emotional time. In Idaho, the Small Estate Affidavit form offers a streamlined process for settling estates that meet certain criteria. This form allows individuals to claim property without going through the lengthy probate process, saving both time and money. To qualify, the estate must have a total value of $100,000 or less, excluding real estate. The form requires information about the deceased, details of the assets, and a declaration that no other probate proceedings are pending. By completing the Small Estate Affidavit, heirs can simplify the transfer of assets, ensuring that the deceased's wishes are honored while providing a clear path for beneficiaries to receive what they are entitled to. Understanding this form can ease the burden during a difficult time, making it an essential tool for those navigating the aftermath of loss.

Document Example

Idaho Small Estate Affidavit

This document is prepared in accordance with the Idaho Small Estate Proceeding Act. It is used to facilitate the transfer of property from a person who has died (the decedent) to their rightful heirs, provided the total value of the decedent's estate does not exceed the threshold specified under Idaho law.

Section 1: Decedent Information

Full Name of Decedent: ___________________________

Date of Death: ___________________________

County of Decedent's Domicile: ___________________________

Last Four Digits of Social Security Number: ___________________________

Section 2: Affiant Information

Full Name of Affiant: ___________________________

Address: ___________________________

Phone Number: ___________________________

Relationship to Decedent: ___________________________

Section 3: Estate Information

Under penalty of perjury, I declare I have exercised due diligence to determine the following:

  1. The total value of the decedent's property subject to probate does not exceed the statutory limit as prescribed by the Idaho Small Estate Proceeding Act.
  2. No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
  3. At least thirty days have elapsed since the death of the decedent.
  4. The claiming successor(s) are entitled to payment or delivery of the property upon furnishing this affidavit.

Section 4: Property Description

List all property, including personal and real property, owned by the decedent as follows:

Property Description: _________________________________________

Estimated Value: _________________________________________

Location of Property (if applicable): _________________________________________

Section 5: Signature

I, the undersigned, swear or affirm under penalty of perjury that the statements made in this affidavit are true to the best of my knowledge and belief.

Signature of Affiant: ___________________________

Date: ___________________________

This document does not require notarization under the Idaho Small Estate Proceeding Act; however, a notarized affidavit may be required by certain institutions or for specific transactions.

PDF Form Information

Fact Name Details
Purpose The Idaho Small Estate Affidavit allows heirs to claim property without going through probate.
Eligibility The estate must have a total value of $100,000 or less, excluding certain assets.
Governing Law This form is governed by Idaho Code § 15-3-1201.
Filing Requirement The affidavit must be filed with the local county clerk's office.
Signature Requirement All heirs must sign the affidavit to affirm their entitlement to the estate.
Asset Types Real estate, bank accounts, and personal property can be claimed using this affidavit.
Time Frame There is no specific time limit to file the affidavit, but it should be done promptly after the death.
Limitations This process cannot be used for estates that include a will or for certain types of property.
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