The Idaho last will and testament, commonly called just a “will”, is a formal document that outlines a person’s choices regarding the distribution of their assets, the care of their children, and other matters after their death. An executor, also known as personal representative, is the responsible individual appointed to oversee the distribution of the estate according to the terms of the will.
Table of Contents
Key Elements of an Idaho Last Will and Testament:
- Testator Information: Full name and address of the person making the will.
- Executor Appointment: A named person (executor or personal representative) who will carry out the terms of the will.
- Beneficiaries: People or organizations who will inherit the testator’s assets.
- Guardianship Designation: If the testator has minor children, a guardian can be named.
- Distribution of Assets: Specific instructions for who gets what (real estate, money, personal property, etc.).
- Witnesses: Idaho requires the will to be signed in the presence of two competent witnesses.
- Notarization (optional but recommended): Idaho recognizes self-proving wills, which include a notarized affidavit to speed up probate.
Idaho Last Will and Testament Requirements:
Minimum Age: The testator must be at least 18 years old.
Capacity: The testator must be of sound mind.
Written Document: An oral will is not valid; it must be in writing.
Witnesses: At least two disinterested witnesses must sign the will in the presence of the testator and each other.
Electronic Wills
Idaho law now permits electronic wills, including digital signing and witnessing under Idaho Code § 15‑2‑1105 (2023). Requirements are more technical and evolving.
State Statute Governing Idaho Wills
Idaho Will Age Requirements
Age Requirements: Any emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will. A married woman may dispose of her property, whether separate or community, in the same manner as any other person. 1
Idaho Will Signing Requirements
Will Signing Requirements: Unless holographic, the will should be in writing signed by the testator or in the testator’s name by another person in the testator’s presence and by his direction.
Idaho Will Witness Requirements
Will Witnessing Requirements: The will should be signed by at least two persons who witnessed either the signing or the testator’s acknowledgment of the signature on the will.
Revoking An Idaho Will
A will originally executed in Idaho can be revoked by creating a new will or by being burned, torn, canceled, obliterated or otherwise destroyed by the testator or by someone else in the testator’s presence and by his or her direction. 2
Holographic Wills in Idaho
Even if not witnessed, a will may be accepted as holographic if the signature and the material provisions are in the handwriting of the testator.
Example of Idaho Last Will and Testament
