Title problems in Boise: which Idaho form, who signs, what it costs

Lost, stolen or damaged title: ITD 3367, notarized or witnessed

A missing paper title is replaced with a duplicate on ITD 3367, the Duplicate Idaho Title Application. The state fee is on the form: "Include a $14.00 Idaho title fee with this completed application." The form's instructions add the county's administrative fee on top and an optional $26.00 rush fee, so the counter total in Ada County is more than $14; ITD's county table lists Ada's total title fee at $21.00, and no rush timing is promised anywhere on the form, so none is promised here.

The front page carries a warning in bold, "Warning: This form will NOT be processed unless the applicant's signature has been NOTARIZED", and the second page gives the alternative the front page does not: "The applicant's signature must be either notarized or witnessed by an assessor or deputy assessor, or it will not be processed." If you choose the assessor-witness option, confirm that service with the counter before travelling. One more line on the form settles a common question: "This form cannot be used to transfer ownership to a new buyer or transferee." You get the duplicate first, then you sell.

ITD publishes no number of days for a duplicate to arrive, so this page does not either. Apply before you list the car.

Source: ITD 3367, Duplicate Idaho Title Application (PDF); Idaho Transportation Department: Vehicle Titles.

ITD 3367: original Duplicate Idaho Title Application.

Duplicate with transfer, ITD 3369: only for some cars and only to an Idaho buyer

There is a second duplicate form that lets the sale happen on the same application, ITD 3369, and it has vehicle and buyer-residency restrictions. The first is on its front page: "Important: This form may be used only for 2010 or older motor vehicles, vehicles designed with no odometer (e.g. trailers, campers, some off-highway vehicles), vehicles with a gross vehicle weight over 16,000 pounds, and vessels." The second: "The buyer must be an Idaho resident." A newer ordinary passenger car does not qualify through the 2010-or-older category. Check all the listed vehicle categories; the buyer must also be an Idaho resident.

The same form is where Idaho states the co-owner rule, and it is quoted in the next section. Its signature rule matches 3367: "The applicant's signature must be either notarized or witnessed by an assessor or deputy assessor, or the application will not be processed."

Source: ITD 3369, Duplicate Idaho Title Application With Ownership Transfer (PDF).

Two names on the title: AND, or OR

ITD’s duplicate forms give this signature instruction for those applications: "If more than one owner of record is shown on the current title/title record, any owner may sign if their names are connected by "OR", but all must sign if their names are connected by "AND"." Look at the conjunction printed between the names. For the duplicate application, OR allows an owner to sign, while AND requires all owners’ signatures. Confirm requirements for the actual title or other transaction with the counter.

The forms address OR and AND. Neither says anything about a title printed AND/OR, so this page does not guess; ask the Ada County counter with the title in hand.

Source: ITD 3369 (PDF); ITD 3367 (PDF).

A loan on the record: paid off, or still open

A lienholder on the title has to release before a buyer can take it, and Idaho now runs most liens electronically. The ITD fact sheet explains the paper case: "When the loan for a vehicle with a paper title has been satisfied, and the lienholder has signed off the title to release the lien and has provided the title to the owner, some owners like to take the paper title they receive and resubmit it to ITD so they can receive a new, clear title." For an electronic lien, the state's titles page: "Once the electronic lien is released, ITD prints the title and mails it to the customer the following day."

If the loan is still open, the sale has to clear it. Ask the lender for the payoff and its release instructions. If your sale proceeds are below the payoff, discuss how the balance will be satisfied before promising a handover; this guide does not invent a lender settlement process. The pickup buyer this site refers to says it needs the physical paper title for a title-based offer: "We'll need the physical paper title to provide you an offer based on having a title." A lender's release letter or an electronic-title affidavit is not that document, so settle the loan and get the paper title first. The buyer also requires outstanding loans to be paid in full before it can purchase; selecting a no-title option does not remove that requirement.

Source: ITD: Electronic Lien and Title fact sheet (PDF); Idaho Transportation Department: Vehicle Titles; The buyer: electronic titles; The buyer: outstanding loans.

A title in a late relative's name: ITD 3414 or ITD 3413

Idaho gives an heir two forms, and the difference is the estate, not the car. The Affidavit of Inheritance, ITD 3414, applies when the person "died intestate (without a will)", "has no remaining creditors", and "did not leave other property necessitating probate"; the claimant must be a survivor or heir with no other heir holding a prior right to the vehicle.

The Small Estate Affidavit, ITD 3413, applies on different conditions, every one of which is printed on it: "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)." "More than thirty (30) days have elapsed since the death of the decedent." "No application or petition for the appointment of a personal representative or for summary administration is pending or has been granted in any jurisdiction." Note the details that decide it: the value is the probate estate net of liens, not everything the person owned, and an application already granted rules the form out as surely as one pending. If these forms’ conditions are not met, ask the county or the estate’s authorized representative what route applies. The presence of a will alone does not establish that probate is required.

Source: ITD 3414, Affidavit of Inheritance (PDF); ITD 3413, Small Estate Affidavit (PDF).

An old car with no papers at all: the conditional title

For a vehicle ten or more years old with no title and no way to get one from a seller, Idaho has a Conditional Title, applied for on ITD 3405, the Conditional Title Statement of Facts. The form: "Applicant must complete this form in detail and present it to the county DMV office when applying for a Conditional Title. All documents must be provided to show proof of ownership. This process only applies to vehicles, trailers, and vessels that are 10 or more years old. Failure to comply will result in rejection of title application."

The applicant states how they came to hold the car, certifies it is free of liens, and agrees to hold the state harmless. The title that results is branded for three years: "The Conditional Title is branded with the statement "ISSUED ON STATEMENT OF APPLICANT, BRAND EXP: MM/DD/YY" The brand expires 3 years from the date the Conditional Title is issued." It is a route to a title, not a shortcut around one, and a buyer will see the brand.

Source: ITD 3405, Conditional Title Statement of Facts (PDF).

Choose the next step

With the title in your name and clear of liens, go to the paperwork. If the title question is exactly the reason you want the car gone, the pickup buyer asks about the title in its questions and builds the offer from the answer; the Boise line is (208) 441-4018.

What your own title step costs

These are the seller's fees, before the buyer files anything. Pick the situation that matches your title.

Source: ITD 3367, Duplicate Idaho Title Application ("Include a $14.00 Idaho title fee with this completed application."; the county administrative fee and an optional $26.00 rush fee are added on its instructions page; "The applicant's signature must be either notarized or witnessed by an assessor or deputy assessor, or it will not be processed."); ITD: Vehicle Titles (county table: Ada total title fee $21.00). No processing time is published for a duplicate, so none is shown. The buyer's title fee and sales tax are the buyer's; see title problems for the routes this tool cannot price.