How to Make a Valid Will in Idaho

Who Can Make a Will in Idaho?

You must be at least 18 years old to make a will in Idaho. Emancipated minors may make a will. Idaho follows the UPC. The testator must be of sound mind and memory, meaning they understand the nature of their property, their relationship to family members, and the effect of the testamentary act

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. Electronic wills are also recognized under Idaho Code 15-2-1101 et seq.. If you are physically unable to sign, Some other person may sign in the testator's presence and by the testator's direction.

Witness Requirements in Idaho

Idaho requires 2 witnesses. Generally competent persons. Interested witnesses do not invalidate the will. Each witness must witness either the signing or the testator's acknowledgment of the signature or the will.

Interested witnesses: The will is not invalidated by the signature of an interested witness under Idaho's UPC framework

Notarization in Idaho

Notarization is not required for a will to be valid in Idaho. Not required for validity. Required for a self-proving affidavit

Self-Proving Affidavit

Idaho allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths (Idaho Code 15-2-504). For electronic wills, see Idaho Code 15-2-1108

Handwritten (Holographic) Wills

Idaho does recognize holographic wills. Valid whether or not witnessed if the signature and material provisions are in the testator's handwriting (Idaho Code 15-2-503)

Electronic Wills

Idaho recognizes electronic wills. Idaho adopted the Uniform Electronic Wills Act (Idaho Code 15-2-1101 through 15-2-1112). Electronic wills must be readable as text, electronically signed by the testator, and witnessed by at least two persons

How to Revoke a Will in Idaho

In Idaho, a will can be revoked by:

• •Executing a subsequent will that revokes the previous will expressly or by inconsistency
• •Burning, tearing, canceling, obliterating, or destroying the will with intent to revoke
• •Another person may perform the revocatory act in the testator's presence and by the testator's direction
• •Revocation of a duplicate original revokes all duplicates

Idaho Code 15-2-507

Special Provisions in Idaho

Idaho is a community property state. Each spouse owns an undivided one-half interest in community property. A testator may dispose of their half of community property and all separate property. No elective share statute because community property law protects the surviving spouse. Idaho has homestead allowance and exempt property provisions under the UPC

Relevant Idaho Statutes

• Idaho Code 15-2-501 (Who may make a will)
• Idaho Code 15-2-502 (Execution; witnessed wills)
• Idaho Code 15-2-503 (Holographic will)
• Idaho Code 15-2-504 (Self-proved will)
• Idaho Code 15-2-507 (Revocation by writing or by act)
• Idaho Code 15-2-1101 to 15-2-1112 (Uniform Electronic Wills Act)