Bank managers tell me that people frequently come to a bank to try to close out an account for a deceased relative. Individuals attempt to sell vehicles of their deceased relatives but cannot do so as long as their relative’s name is still on the title. If that deceased relative owned real estate (such as a home) or had a net worth of $100,000 or more, in Idaho probate is probably going to be the best way to get to the money in the bank account or sell the vehicle, as probate will be necessary anyway. The relative should contact a probate attorney in order to move forward with the probate process. But if the deceased died without real estate and with an estate of less than $100,000, there is probably an easier way to get to that bank account, or get the vehicle sold.
That easier way is called a “Small Estate Affidavit.” It is typically a one or two-page document which an attorney writes up for you, and which you sign in front of a notary. It does not need to be filed in any court. You don’t have to pay the filing fee and your attorney has substantially less work to do, and so a small estate affidavit is considerably cheaper than probate.
Once you schedule your appointment with an Idaho Falls probate attorney, you’ll come in with a copy of the death certificate, identification for yourself, and payment for your attorney. He’ll meet with you, make sure you’re eligible to get a Small Estate Affidavit done instead of probate, and write up the Affidavit. You’ll sign it in front of a notary. Your attorney should provide you with copies, which you can take to the bank and other places that may request it.