Idaho probate code · checked October 2026

Idaho Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Idaho's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The affidavit cannot transfer real property, and the $100,000 test is measured on the entire probate estate — a house usually forces probate, except through the spouse-sole-beneficiary summary administration (§ 15-3-1205). The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Idaho check

The Idaho line, in facts

The affidavit limit today: $100,000, judged by the law in force on the date of death.

How it moves: presented to whoever holds the property; no court case is opened.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No higher affidavit cap for a spouse, but a surviving spouse who is the SOLE devisee/heir may use § 15-3-1205 summary administration with NO dollar cap (court petition and decree; the spouse assumes all estate indebtedness).

The tracks in Idaho

Track	Limit	How it works
Small-estate affidavit	$100,000	Presented to whoever holds the property; no court case.
Summary administration (Idaho Code § 15-3-1203); and Summary administration where surviving spouse is sole beneficiary (§ 15-3-1205, no dollar cap)	—	Summary administration (§ 15-3-1203) follows the allowances-plus-expenses formula; a second summary track (§ 15-3-1205) serves a surviving spouse who is the sole beneficiary, with no dollar cap.

What catches families in Idaho

Idaho has NO transfer-on-death deed statute — form vendors claiming Idaho adopted one in 2014 are selling paper the recording office has no law to honor.
The cap is the fair market value of the entire probate estate, wherever located, less liens — not just the account you are collecting.

Vehicles in Idaho

Vehicles count normally as personal property toward the $100,000 cap; § 15-3-1201 contains no vehicle exclusion or separate vehicle rule.

Debts, and the signer's duty

Sec. 15-3-1201 requires no statement that debts have been paid; a person who receives property by affidavit is answerable and accountable to a personal representative or anyone with a superior right (§ 15-3-1202).

Rules checked October 2026 · Sources: Idaho Code § 15-3-1201; Idaho Code § 15-3-1202; Idaho Code § 15-3-1203; Idaho Code § 15-3-1205. This page reads the published law; it is not legal advice, and the court is the final word.

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