Small Estate Affidavit for Collection of Decedent's Property, Possessions, & Accounts - Idaho

This Idaho-specific "Small Estate Affidavit for Collection of Decedent's Property, Possessions, & Accounts" is a document released by the Idaho Courts.

Download the fillable PDF by clicking the link below and use it according to the applicable legal guidelines.

ADVERTISEMENT
IDAHO SMALL ESTATE AFFIDAVIT FOR COLLECTION
OF DECEDENT'S PROPERTY, POSSESSIONS, & ACCOUNTS
(Total Value Less Than $100,000.00)
(See Instructions on Page 4)
I, _____________________________
, being first duly sworn upon oath,
(Print Full Name)
depose and state as follows:
1.
This Affidavit is made upon my personal knowledge.
2.
I am the surviving _____________
of ___________________________
(Relationship)
___________________________
, who has passed away and
(Print Full Name of Deceased Person)
who is hereafter referred to in this Affidavit as “the Deceased Person.”
3. The Deceased Person died on the _______________________
.
(Date)
4.
A certified copy of the Death Certificate issued following the death of the Deceased
Person is attached to this Affidavit.
Initial the blank next to either Option One or Two, below, to indicate which is applicable:
5. ______
Option One: At the time of death, the Deceased Person left a Last
(Initials)
Will and Testament. Under the terms of that Last Will and Testament, I am the person named as
the Executor or Personal Representative who is to serve under that Last Will and Testament. A
copy of that Last Will and Testament is attached to this Affidavit.
6. ______
Option Two: To the best of my knowledge, when the Deceased
(Initials)
Person passed away, he or she left no Last Will and Testament. Since there is no Last Will and
Testament, I am entitled to inherit part or all of the Deceased Person’s property, possessions, and
accounts.
7. At the time of death, the Deceased Person was the owner of certain items of personal
property, possessions, and accounts. However, the Deceased Person did not own any real
property or real estate at the time of death.
IDAHO SMALL ESTATE AFFIDAVIT
Page No. 1
IDAHO SMALL ESTATE AFFIDAVIT FOR COLLECTION
OF DECEDENT'S PROPERTY, POSSESSIONS, & ACCOUNTS
(Total Value Less Than $100,000.00)
(See Instructions on Page 4)
I, _____________________________
, being first duly sworn upon oath,
(Print Full Name)
depose and state as follows:
1.
This Affidavit is made upon my personal knowledge.
2.
I am the surviving _____________
of ___________________________
(Relationship)
___________________________
, who has passed away and
(Print Full Name of Deceased Person)
who is hereafter referred to in this Affidavit as “the Deceased Person.”
3. The Deceased Person died on the _______________________
.
(Date)
4.
A certified copy of the Death Certificate issued following the death of the Deceased
Person is attached to this Affidavit.
Initial the blank next to either Option One or Two, below, to indicate which is applicable:
5. ______
Option One: At the time of death, the Deceased Person left a Last
(Initials)
Will and Testament. Under the terms of that Last Will and Testament, I am the person named as
the Executor or Personal Representative who is to serve under that Last Will and Testament. A
copy of that Last Will and Testament is attached to this Affidavit.
6. ______
Option Two: To the best of my knowledge, when the Deceased
(Initials)
Person passed away, he or she left no Last Will and Testament. Since there is no Last Will and
Testament, I am entitled to inherit part or all of the Deceased Person’s property, possessions, and
accounts.
7. At the time of death, the Deceased Person was the owner of certain items of personal
property, possessions, and accounts. However, the Deceased Person did not own any real
property or real estate at the time of death.
IDAHO SMALL ESTATE AFFIDAVIT
Page No. 1
8. To the best of my knowledge, the value of the Deceased Person’s property,
possessions, and accounts, less any liens, debts, and encumbrances, is less than $100,000.00.
9.
As is required by law, at least thirty (30) days have elapsed between the date of the
death of the Deceased Person and the date that this Affidavit is presented for the collection of the
Deceased Person’s property, possessions, and accounts.
10. To the best of my knowledge, no Probate Application for the Appointment of an
Executor or Personal Representative is pending, anticipated, or has been granted.
11. I understand that all property, possessions, and accounts inherited from the Deceased
Person under this Affidavit shall continue to be subject to the claims of the Deceased Person’s
creditors unless and until either (a) the Decedent's Last Will and Testament has been admitted to
probate and the Decedent's estate has been properly administered, or (b) the Decedent's intestate
estate has been administered under the laws of intestate succession.
12. Under Section 15-3-1201 of the Idaho Code, this Affidavit permits me to collect
property (but not real estate), possessions, and accounts with a total value (after the deduction of
liens, debts, and encumbrances) of up to $100,000.00 without the requirement of probate.
13. Under Section 49-514 of the Idaho Code, this Affidavit shall govern the disposition
and transfer of any and all registered or licensed vehicles, trailers, or boats in which the
Deceased Person held an interest at the time of death.
DATED this _____ day of _______________________, 20____.
__________________________________________
Signature
__________________________________________
Printed Name
(Notarization of your signature is required on next page. Certified Death Certificate
[and a copy of the Deceased Person’s Last Will & Testament, if applicable] must be
attached to this Affidavit in order for it to be valid)
AFFIDAVIT IN SUPPORT OF COLLECTION
OF DECEDENT'S PERSONAL PROPERTY
Page No. 2.
STATE OF IDAHO
)
) ss.
County of _______________ )
On this ______ day of _____________________, 20_____, before me a notary public in
and for the state of Idaho, personally appeared _____________________________
(printed name)
known or identified to me to be the person whose name is subscribed to the within instrument,
and acknowledged to me that he or she executed the same.
__________________________________
Notary Public for Idaho
Residing at ____________________, Idaho
My commission expires: ______________
(Notary Seal)
AFFIDAVIT IN SUPPORT OF COLLECTION
OF DECEDENT'S PERSONAL PROPERTY
Page No. 3.
INSTRUCTIONS FOR USE OF IDAHO SMALL ESTATE AFFIDAVIT
This Affidavit form may only be used as an alternative to the normal probate process in
very limited circumstances. This form may not be used:
 if the person who passed away owned any real estate, or
 if the total value of all of his or her possessions, accounts, and other property (less the
outstanding balance due under any loans or other debts) is more than $100,000.
Use of this form if either of the foregoing circumstances applies may be a crime.
If the foregoing limitations do not apply, then the form may be used. To do so:
1. Print off the form;
2. Fill in the blanks;
3. Attach a certified Death Certificate;
4. If the person who passed away left a Last Will and Testament, attach a copy of that Will;
5. Take the completed form to a Notary Public and have your signature notarized.
The signed and notarized Affidavit may then be presented to banks, stock brokerages, and other
financial institutions with a request that the accounts owned by the person who passed away be
either closed or changed into the name of the person presenting the Affidavit.
The Affidavit may also be presented to the Department of Transportation with the Certificate of
Title to any vehicles owned by the person who passed away in order for those titles to be either
changed into the name of the person presenting the Affidavit or into the name of any person who
may be acquiring the vehicles.
The Affidavit may also be presented to any other person, institution, or entity which is holding
accounts, possessions, or other property of the person who passed away with the request that
such items be released to the person presenting the Affidavit.
AFFIDAVIT IN SUPPORT OF COLLECTION
OF DECEDENT'S PERSONAL PROPERTY
Page No. 4.

Download Small Estate Affidavit for Collection of Decedent's Property, Possessions, & Accounts - Idaho

484 times
Rate
4.6(4.6 / 5) 34 votes
ADVERTISEMENT
Page of 4