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A Small Estate

Idaho Code § 15-3-1201 — an affidavit after thirty days, for an estate of $100,000 or less

After thirty days. Thirty days after a death, anyone owing the person money or holding their personal property pays or delivers it to a successor who presents an affidavit.

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  • The probate estate, less liens and encumbrances, is worth no more than $100,000.
  • Thirty days have passed since the death.
  • No petition for a personal representative or summary administration is pending or granted anywhere.
  • The successor is entitled to the property.

Those are what the affidavit states. A transfer agent changes a security's registered ownership on the same affidavit.

Real estate and larger estates go through other procedures. Whether a particular estate qualifies is a question for a licensed Idaho attorney.

Sources for this section (1)
  1. Idaho Code § 15-3-1201 — Collection of personal property by affidavit

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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