Idaho Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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FAQ
In Idaho a surviving spouse can choose to do a simple Affidavit of Heirship as their Idaho probate when certain circumstances exist. An Idaho Affidavit of Heirship is a wonderful mechanism used to transfer personal property to the surviving spouse without the requirement of filing a probate with the Idaho courts.
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.
An Idaho small estate affidavit, or 'Form CAO Pb 01', is a legal document that can be used by the heirs or beneficiaries of a person who died and left behind an estate not exceeding $100,000.
15-6-401. Community property with right of survivorship in real property. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse.
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.
Anyone with an interest in the estate can file an objection to the petition. If no objection is filed, or after any objections are resolved, the court issues an order appointing the Personal Representative and issues letters testamentary.
More specifically, ing to Idaho's statutes probate can be avoided due to there being only a small estate when: The total value of the property owned by the decedent upon the date of death was less than $100,000; and.