Idaho Small Estate Affidavit Checker

$100,000, and zero real property means zero

Confirmed current: Idaho's $100,000 small estate affidavit is for personal property only and cannot transfer real estate — it collects a bank account, a last paycheck, and a few shares of stock, but it does not pass a house, at any value.

A special path just for a sole-heir surviving spouse

When the surviving spouse is the sole devisee or heir, Idaho Code §15-3-1205 lets that spouse file a verified petition with the same effect as a formal decree determining distribution — but the trade is real: the spouse then assumes liability for any indebtedness that might be a claim against the estate, and there is no administration.

Community property skips the question before it starts

Idaho is one of only nine community property states — half of all community property belongs to the surviving spouse by law and doesn't pass through probate at all, regardless of what the small estate affidavit itself allows.

Sole-name real property needs one of several other paths

Sole-name real property generally needs a probate, a summary administration, a community-property heirship determination, or another court process — the affidavit was simply never built to reach it.

Idaho small estate — frequently asked questions

What is Idaho's small estate affidavit threshold?

$100,000 in personal property, less liens and encumbrances, under Idaho Code section 15-3-1201 — available 30 days after death, but only if there is no real property in the estate at all.

Does having any real property at all disqualify the affidavit?

Yes — the affidavit requires there to be no real property in the estate, not merely real property under a separate cap; even a modest parcel blocks the entire affidavit.

Is there a special process just for a surviving spouse?

Yes — when the surviving spouse is the sole devisee or heir, Idaho Code section 15-3-1205 lets that spouse file a verified petition with the same effect as a formal decree, but the spouse then assumes liability for the estate's debts and there is no administration.

Does community property change what needs to go through probate at all?

Yes — Idaho is one of only nine community property states, and community property generally passes to the surviving spouse outside of probate entirely, before any threshold question comes up.

Where is the small estate affidavit obtained?

From the Court Assistance Office, and it is then presented directly to the bank or other holder rather than filed as a court case.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Idaho Code §15-3-1201, 15-3-1205. Actual eligibility depends on the estate's full facts. Confirm with the magistrate division or a licensed Idaho attorney before acting.