What the rule says
Under Idaho Code § 15-3-1201, an Idaho successor can collect personal property of an Idaho decedent without going through formal probate, if:
- The total value of the personal property does not exceed $100,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $100,000 threshold counts personal property only. Among the more generous nationally. - Real property requires separate procedures. Idaho recognizes TOD deeds. - No court involvement for the affidavit procedure. - Community property considerations. Idaho's CP regime means surviving spouse already owns half of community property.
How this fits with ID's other tools
Idaho offers:
- Collection by affidavit (§ 15-3-1201): Personal property up to $100,000. - Summary administration (§ 15-3-1203): Streamlined procedure when surviving spouse is sole beneficiary. - Informal probate: Standard streamlined procedure. - Formal probate: Court-supervised when warranted. - TOD deed (Idaho Code § 15-15-101 et seq.): Idaho recognizes TOD deeds.
What you can do about it
For a survivor of an Idaho decedent:
1. Calculate personal property value. Stay within $100,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
Idaho's small-estate procedure is most relevant for survivors of Idaho decedents with modest probate estates.