Idaho Law Blog
Family members and loved ones of Idaho residents who die owning less than $100,000 in assets may not need to probate their loved ones estate. No advanced planning is required. The deceased individual’s assets may be obtained by presenting an affidavit to institutions holding the assets. The affidavit must state the following:
- The fair market value of the entire estate does not exceed $100,000;
- 30 days have elapsed since the death of the individual;
- No other probate application or petitions have been filed with a court; and
- The person signing the affidavit is entitled to receive the deceased individual’s assets.
The small estate affidavit process is not an option when the individual dies owning real property, i.e., a home or land. Generally, homes and land can only be transferred with court authority granted to a personal representative in the probate process. As a result, most individuals should meet with an experienced Idaho estate planning attorney for assistance with planning their estate to help avoid unforeseen issues.
At Racine Olson our experienced Idaho estate planning and probate attorneys recommend planning your estate as soon as possible. Our Idaho estate planning attorneys will prepare a plan to meet your needs and the needs of your loved ones. Our estate planning and probate attorneys assist clients throughout Idaho, including Firth, Malad, Montpelier, Preston, Driggs, Rigby, Tetonia Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley, and Boise.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Nathan Palmer and the Racine Olson team of Idaho estate planning and probate attorneys in Pocatello, Idaho Falls, or Boise. You can also email Nathan Palmer directly at nrp@racinelaw.net. We will answer your questions regarding the process for using the small estate affidavit in Idaho.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.