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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.
A Lack of Probate affidavit may be used when the deceased owned less than $100,000.00 in personal property and did not own real estate. With an affidavit, you do not go to court to direct the distribution of property. The successor or beneficiary can claim any of the belongings of the deceased.
The fair market value of the entire estate of the decedent, wherever located, which is subject to probate, less liens and encumbrances, does not exceed one hundred thousand dollars ($100,000).
How to Write (1) Name Of Deceased. The full name of the Idaho Deceased must be produced. ... (2) Residential County Of Idaho Deceased. ... (3) Date Idaho Deceased Pronounced Dead. ... (4) Location Of Idaho Deceased's Death. ... (5) Name Of Successor. ... (6) Proportion Of Estate. ... (7) Signature Of Affiant. ... (8) Idaho Notarization.
Specifically, in Idaho a probate is required after you die anytime your estate includes any assets that have a value of $100,000 or more. Additionally, a probate is required in Idaho anytime your name is on the deed to any real estate, homes, or land regardless of its value.
Ing to Idaho Code § 15-3-1201 et seq., after a family member or loved one passes away, an individual can use a small estate affidavit that specifically identifies them as the recipient of personal property owned by the decedent. The small estate affidavit has to have some specific language in it.