Pick Your Situation
The Title Names a Beneficiary (TOD)
We found no official Idaho option to name a transfer-on-death beneficiary on a car title. ITD's title forms list only "OR", "AND", "LSR/LSE" and "DBA" as ownership choices. A 2026 bill on transfer-on-death deeds for real estate (S1399) was referred to committee and did not become law, and it did not cover vehicles.
When an Idaho owner dies, the car usually passes through one of the other routes on this page: the heir affidavits, a spouse's summary administration, or probate.
The Car Was Co-Owned
Idaho titles with two owners are joined by "OR" or "AND". ITD's forms say either owner may sign when names are joined by "OR", but both must sign when they are joined by "AND".
No ITD page or Idaho statute we found says whether a surviving co-owner automatically takes the deceased owner's share. Contact your county assessor's motor vehicle office to confirm what they need before you go.
Steps
- Check the title to see whether the names are joined by "OR" or "AND".
- Call or visit the county assessor's motor vehicle office. Ask what they need to remove the deceased co-owner. Bring the title and a death certificate.
- For an "AND" title, ask whether the deceased owner's share needs an Affidavit of Inheritance (ITD 3414), a Small Estate Affidavit (ITD 3413), or probate court papers.
- If the title is lost, ITD's Affidavit of Lost Title and Application for Title (ITD 3371) lets you change owners as long as at least one original owner stays on the title. The signature must be notarized or signed in front of a county assessor or deputy assessor.
- Pay the $14 state title fee plus the county admin fee.
Forms
- Affidavit of Lost Title and Application for Title (ITD 3371), only if the title is lost or damaged
- Release and Satisfaction of Interest (ITD 3777), signed by a living co-owner being removed or a lienholder. A deceased co-owner cannot sign it. ITD's title page lists this form as ITD 3777, while ITD 3371's instructions call it "ITD 3377". Ask the county office which one to use.
Documents
- Idaho certificate of title (or ITD 3371 if lost)
- Death certificate of the deceased co-owner, if the county asks for one
- For an "AND" title: whatever paperwork the county requires for the deceased owner's share
- Lien release, if a lien is recorded
You're the Surviving Spouse
Idaho has no spouse-only vehicle form. A surviving spouse is the first heir listed in Idaho Code § 49-514, so the spouse can often use the same affidavits as other heirs. If you are a co-owner on the title, see "The Car Was Co-Owned".
- Affidavit of Inheritance (ITD 3414): works when the owner died without a will, left no remaining creditors, and left no other property needing probate. No dollar cap.
- Small Estate Affidavit (ITD 3413): works with or without a will, when the probate estate is $100,000 or less after liens and more than 30 days have passed since the death.
- Summary administration: when the spouse is the sole beneficiary, Idaho Code § 15-3-1205 allows a court summary administration. The spouse then takes on responsibility for the estate's debts. Ask the county office whether a certified copy of the court's decree is enough to retitle the car.
Steps
- Choose the route that fits: ITD 3414, ITD 3413, or a court decree.
- Complete the affidavit with the vehicle and decedent details. ITD 3414 also asks for the names and addresses of other heirs.
- Take the affidavit (or certified court papers), the title if you have it, and a death certificate to a county assessor's motor vehicle office.
- Ask for the "Inheritance" sales tax exemption.
Forms
Documents
- Idaho certificate of title, if available
- ITD 3414 or ITD 3413, or certified court papers
- Death certificate, if ITD requires one
- Lien release, if a lien is recorded
No Probate (Small Estate or Heirs)
Idaho has two ways to transfer a car without opening probate. Both are signed under penalty of perjury, and the signer agrees to defend ITD against claims about the title.
Affidavit of Inheritance (ITD 3414)
- For when the owner died without a will, has no remaining creditors, and left no other property needing probate.
- No dollar cap. Neither the form nor Idaho Code § 49-514 sets a waiting period.
- Who can sign: an heir listed in the statute (surviving spouse, children, lawful issue of deceased children, parents, brothers or sisters, or the guardian of a minor or incompetent heir). The signer swears no other heir has a prior right to the car.
Small Estate Affidavit (ITD 3413)
- Works with or without a will.
- The probate estate, wherever located, less liens, must be $100,000 or less (Idaho Code § 15-3-1201).
- More than 30 days must have passed since the death.
- No petition for a personal representative or for summary administration can be pending or granted anywhere.
- Who can sign: a successor (someone entitled to the property under the will or Idaho law) who is over 18.
Steps
- Pick the affidavit that fits.
- Fill it in with the vehicle's VIN, title number, year, make and model, and the decedent's details.
- Gather the title (if you have it), a death certificate, and a lien release if there is a lien.
- Take everything to a county assessor's motor vehicle office and ask for the "Inheritance" sales tax exemption.
- Pay the $14 state title fee plus the county admin fee.
Whether counties require a notary on either affidavit isn't stated in the forms. Contact the county office to confirm. An heir who only wants to sell or give away the car doesn't have to title it in their own name first (see "Selling the Car Instead").
An Executor Has Been Appointed
When a probate court has appointed a personal representative (executor or administrator), that person can sell or transfer estate property, including the car (Idaho Code § 15-3-715). ITD's titling rules accept a certified copy of the court order, decree or instrument that passes ownership, together with an affidavit from the person taking possession.
ITD does not publish a probate checklist for vehicles, so ask the county assessor's motor vehicle office which court papers they accept.
Steps
- Get certified copies of the court papers showing your authority.
- Sign the title over to the heir or buyer as personal representative.
- The new owner takes the assigned title, the court papers, a death certificate and any lien release to a county assessor's motor vehicle office.
- Tax depends on who gets the car. An heir named in the will owes no tax with a copy of the will. For a gift, both sides complete ST-133GT. A qualifying family member buying the car can use Form ST-133. Other buyers pay sales tax.
- If you sell the car, file a Release of Liability (ITD 3858) within 5 days of delivering it.
Forms
- Use Tax Exemption Certificate, Gift Transfer Affidavit (ST-133GT), if the car is given away
- Bill of Sale (ITD 3738)
- Release of Liability (ITD 3858)
Documents
- Idaho title assigned by the personal representative
- Certified copy of the court order, decree or letters
- Copy of the will, if an heir named in it claims the tax exemption
- Death certificate
- Lien release, if a lien is recorded
The Car Still Has a Loan
A lien stays with the car after the owner dies. Under Idaho Code § 49-514, if ITD's records show a lien, the new title will list it unless the application includes proof it was paid off or released.
- Get a lien release from the lender, or the title signed off by the lienholder.
- Bring it with your title application. Without it, the lien carries over to the new title.
- If the lender holds a paperless title under Idaho's electronic lien (ELT) program, the lender releases it electronically.
ITD publishes no death-specific process for a car with a loan, so check with the lender about payoff or keeping the loan.
Fees and Taxes
- Title fee: $14.00 state fee plus the county title admin fee, which runs from $0 to $18.75. The total is $14.00 to $32.75. Examples: Ada $21.00, Bannock $14.00, Blaine $32.75, Canyon $21.00, Kootenai $24.00. County fees change, so check ITD's county fee table.
- Rush processing (optional): $26.00 on top of the title fee.
- Late filing penalty: $20.00 if a title is filed more than 30 days after a transfer.
- Release of Liability (seller): $3.50.
- Duplicate title: $14.00.
Sales tax: the Idaho State Tax Commission's vehicle tax guide says an heir claiming a car with ITD 3414 or ITD 3413 doesn't owe tax. An heir with a court order, or an heir named in the will who brings a copy of it, is also exempt. The county marks the transfer as "Inheritance". When the estate gives the car away, both sides use ST-133GT. A qualifying family member buying from the estate can use Form ST-133. Any other buyer owes tax.
Where to Go
Title applications are filed at a county assessor's motor vehicle office. ITD's online services cover title status checks and release of liability, not title transfers.
- By mail: ITD's titles page says a mail-in application needs a Power of Attorney (ITD 3368). It doesn't say whether heir or estate transfers can be mailed. Contact the county office to confirm.
- Appointments: some counties take appointments through ITD's "DMV Locations | Make Appointment" link. Whether one is required varies by county.
- Help line: ITD Title, (208) 584-4343, Monday through Friday, 8 a.m. to 5 p.m. Mountain time.
Selling the Car Instead
With probate: the personal representative signs the title as seller. The buyer applies for title with the assigned title and certified court papers.
Without probate: under ITD's titling rules, an heir who won't use or register the car doesn't need to title it in their own name first. The heir gives the buyer a Bill of Sale (ITD 3738), or gives a recipient a gift transfer affidavit, along with the Affidavit of Inheritance or Small Estate Affidavit and the existing title if available.
- The seller files a Release of Liability (ITD 3858) within 5 days of delivering the car ($3.50).
- The buyer must apply for title within 30 days to avoid the $20 late penalty.
If probate is needed, our state probate guide walks through it.