If a loved one passes away in Idaho, the successors may avoid probate court by filing a small estate affidavit to collect real estate owned by the decedent. This property at fair market value, minus taxes, liens, and other expenses, may not value more than $100,000. In addition, the real estate may not exceed the “homestead allowance,” as discussed under Idaho Code §§ 15-3-1203.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.