Quick answer: wait 30 days from the date of death, confirm no real property exists anywhere in the estate, confirm personal property is at or under $100,000, and get the form from the Court Assistance Office. Check whether an estate qualifies with the Idaho small estate checker.
Step by step
- Wait 30 days from the date of death.
- Confirm there is no real property anywhere in the estate.
- Total the personal property, less liens, against the $100,000 cap.
- Obtain the affidavit from the Court Assistance Office.
- Present it directly to the bank or other holder of the property.
Obtained from the court, but never filed as a case
What typically doesn't count toward the cap
Jointly held property, assets in a living trust, life insurance proceeds, retirement accounts with named beneficiaries, and payable-on-death accounts typically don't count toward the $100,000 threshold at all.
Even one small parcel changes everything
If even a small, low-value parcel of real property is discovered, its presence disqualifies the small estate affidavit entirely — there's no partial exception the way some other states carve out a modest homestead.
A local probate attorney can review your estate — many offer a free consultation.
Every Idaho county's Court Assistance Office issues the same form, and Idaho Code §15-3-1201 applies identically statewide.