Idaho probate code · checked October 2026
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.
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).
| 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. |
Vehicles count normally as personal property toward the $100,000 cap; § 15-3-1201 contains no vehicle exclusion or separate vehicle rule.
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.