Itd 3413 Template

Itd 3413 Template

The ITD 3413 form is a Small Estate Affidavit used by the Idaho Transportation Department to facilitate the transfer of a deceased person's vehicle title without the need for formal probate proceedings. This form is applicable when the total value of the decedent's estate does not exceed $100,000, and certain conditions are met, such as the passage of more than thirty days since the decedent's death. Completing this form accurately is essential for rightful heirs to claim ownership of the vehicle in question.

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SMALL ESTATE AFFIDAVIT

Idaho Transportation Department

ITD 3413 (Rev. 07-13)

Supply # 01-958068-7

itd.idaho.gov

Vehicle Identification Number

 

Title Number

 

 

 

 

 

Year

Make

Model

 

 

 

 

 

Name of Deceased

 

 

Resident County of Decedent

 

 

 

 

County and State Where Decedent Died

 

 

Date of Death

 

 

 

 

 

Under penalty of perjury, the undersigned claimant, being first duly sworn, hereby deposes and says:

1.I am over the age of eighteen (18) years, and qualify as a witness in the State of Idaho.

2.I am the successor of the decedent’s estate.

3.The fair market value of the entire estate of the decedent, wherever located, which is subject to probate, less liens and encumbrances, does not exceed one hundred thousand dollars ($100,000).

4.More than thirty (30) days has elapsed since the death of the decedent.

5.No application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction.

6.I am entitled to payment or delivery of the property of the decedent.

This affidavit is attached to and made part of the application for Idaho Certificate of Title to the above described vehicle. The claimant hereby agrees to warrant and defend said Title and to save harmless and defend regardless of outcome the Transportation Department of the State of Idaho from the expenses of and against all suits, actions, claims, losses, or assertion of claims including costs, expenses, and attorney fees to which the department may be subjected on account of any defect in the Title to the vehicle in question.

I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct and the signature below is my true and legal signature.

Claimant’s Printed Name

 

Relationship to Deceased

 

 

Daytime Phone Number

 

 

 

 

 

(

)

 

 

 

 

 

 

 

Address

City

 

State

Zip Code

 

 

 

 

 

 

Claimant’s Signature

 

 

Date

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

Essential Queries on This Form

  1. What is the ITD 3413 form?

    The ITD 3413 form is a Small Estate Affidavit used in Idaho. It allows individuals to claim ownership of a deceased person's vehicle without going through the lengthy probate process, provided certain conditions are met.

  2. Who can use the ITD 3413 form?

    Only successors of the decedent's estate can use this form. This means that you must be a person who is legally entitled to inherit from the deceased, such as a spouse, child, or other relative.

  3. What are the eligibility requirements for using the ITD 3413 form?

    To be eligible, you must meet the following criteria:

    • You must be over the age of eighteen (18).
    • The fair market value of the decedent's entire estate must not exceed $100,000.
    • More than thirty (30) days must have passed since the decedent's death.
    • No application for a personal representative or summary administration should be pending or granted.
  4. What information is required on the ITD 3413 form?

    The form requires specific details, including:

    • Vehicle Identification Number (VIN)
    • Title Number
    • Year, make, and model of the vehicle
    • Name of the deceased
    • County of the decedent
    • County and state where the decedent died
    • Date of death
  5. What happens if the requirements for the ITD 3413 form are not met?

    If the requirements are not met, the form cannot be used to transfer the vehicle title. In such cases, the estate may need to go through probate, which can be a more complex and time-consuming process.

  6. What are the consequences of providing false information on the ITD 3413 form?

    Providing false information on the ITD 3413 form is a serious offense. It can lead to legal repercussions, including penalties for perjury, which may involve fines or imprisonment.

  7. How does the ITD 3413 form relate to vehicle title transfer?

    The ITD 3413 form is attached to the application for an Idaho Certificate of Title for the vehicle. By submitting this affidavit, the claimant asserts their right to the vehicle and initiates the title transfer process.

  8. What is the claimant's responsibility after submitting the ITD 3413 form?

    The claimant agrees to defend the title and indemnify the Idaho Transportation Department against any claims or legal issues that may arise regarding the vehicle's title. This means the claimant is responsible for any costs incurred due to title disputes.

  9. Where can I obtain the ITD 3413 form?

    The ITD 3413 form can be obtained from the Idaho Transportation Department's website or by visiting their local offices. It is important to ensure that you are using the most current version of the form.

Misconceptions

When dealing with the ITD 3413 form, which is a Small Estate Affidavit used in Idaho, several misconceptions often arise. Understanding these can help ensure a smoother process for those navigating estate matters. Here are seven common misconceptions:

  • Only large estates require this form. Many believe that the ITD 3413 form is only necessary for large estates. In fact, it is specifically designed for small estates with a total value of less than $100,000.
  • Anyone can file this form. Some think that any individual can complete and submit the ITD 3413. However, only the successor of the decedent’s estate is eligible to file this affidavit.
  • The form is only for vehicles. While the ITD 3413 is often associated with vehicle titles, it can also be used for other property types within the small estate category.
  • It can be filed immediately after death. Many assume that they can file this form right after the decedent's passing. In reality, at least thirty days must pass after the death before filing.
  • Probate is not necessary at all. Some people think that using the ITD 3413 means they can completely avoid probate. While it simplifies the process for small estates, it does not eliminate the need for probate if the estate exceeds the value limit.
  • All debts must be paid before filing. A common belief is that all debts of the decedent must be settled before filing the ITD 3413. While debts should be addressed, the affidavit can still be filed as long as the estate's value is under the limit.
  • Legal representation is required. Some individuals think that hiring an attorney is mandatory to file this form. However, legal representation is not required, and individuals can complete it on their own if they feel comfortable.

By clarifying these misconceptions, individuals can better understand the purpose and requirements of the ITD 3413 form, making the process more accessible and less daunting.

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