Idaho property transfers after a death can be a complicated depending upon how the property was titled; especially if a trust is or is not used.
If No Trust is Used
An Idaho small estate affidavit, or the ‘affidavit collecting personal property of the decedent’ or ‘Form CAO Pb 01’, is for use by the next of kin of a person who died with assets, minus liens and encumbrances, not exceeding $100,000. It cannot be utilized until at least thirty days have passed since the date of death and no applications or petitions have been filed in any court to have the estate probated. This provides an efficient way for a spouse or child to gather the assets of the decedent in an efficient manner without having to engage in a complicated probate process. This is under statute § 15-3-1201. The maximum size of the estate cannot exceed $100,000 market value of estate less any liens/encumbrances. This form cannot be used for the transfer of real estate. For Motor vehicles only, a Transportation Department document Form ITD 3413 can be used to transfer a vehicle of the Decedent. This form must be filed with the Transportation Department.