Idaho Last Will and Testament Form

An Idaho last will and testament is a written document that states how a person's property, called the estate, should pass after death and who should carry out those wishes, called the executor. Idaho Code Title 15, Chapter 2 sets the signing and witness rules a will must meet to be valid. This Idaho last will and testament template follows those rules and can name a guardian for minor children.

Below, you will find a last will and testament form for download in two formats (PDF and Word) and tips intended to clear up your questions about estate planning and how to fill out our template.

Idaho Last Will And Testament Template

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Idaho Last Will Laws and Requirements

Idaho Code Title 15, Chapter 2 sets the requirements a will must meet to be valid in Idaho, covering who can make one, how many witnesses must sign, and how a will can be revoked. The table below summarizes these rules for your Idaho last will and testament template, and each links to the exact statute section.

  • Who can make a will in Idaho
  • How many witnesses must sign it
  • How you can revoke it later

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Idaho law. If you notice an error or outdated information, please contact us.

Requirements State laws
Statutes Title 15 – Uniform Probate Code; Chapter 2 – Intestate Succession – Wills
Definitions 15-1-201. Definitions
Signing requirement Two witnesses 15-2-502. Execution
Age of testator 18 and older or an emancipated minor 15-2-501. Who may make a will
Age of witnesses 18 and older 15-2-505. Who may witness
Self-proving wills Allowed 15-2-504. Self-proved will
Handwritten wills Recognized under certain circumstances 15-2-502. Execution
Oral wills Not recognized
Holographic wills Recognized under certain circumstances 15-2-503. Holographic will
Revocation By a later will, or by burning, tearing, or destroying it with intent to revoke 15-2-507. Revocation

You can revoke this Idaho last will and testament template at any time before your death. Revoke it either by signing a later will that cancels it, or by burning, tearing, canceling, or destroying it yourself or through someone you direct in your presence.[1.7] Idaho law also lets you attach a self-proving affidavit, so you and your witnesses sign before a notary and the probate court can accept the will without calling the witnesses to testify.[1.4]

An Idaho last will is also called a last will and testament, a will, or an estate planning will. Whatever name you use, the requirements in Idaho Code Title 15, Chapter 2 stay the same.

How to Write an Idaho Last Will

1. Think about your options. One thing to bear in mind, first, is if you would like to write the whole thing by hand (holographic will) or work with a fillable last will and testament form available here.

2. Indicate your details. Fill out your full name and address (the city, county, and state of residence) to determine the testator of the will. Check the details you entered as well as the rest of the section, which includes “Expenses and Taxes.”
Details indication section of Idaho last will document

3. Establish the executor. Determine the executor of your estate and specify their details: full legal name and place of residence, which will generally be within the same state the testator lives in because the majority of states enforce special policies on out-of-state executors. Although it is not obligatory, it’s a wise idea to appoint an additional person to act as an executor in case the first one is unwilling or incapable of executing your last will.
Executor choosing part of Idaho last will

4. Establish the guardian (optional). If you have underage or dependent children, you can name a guardian for them in your will instead of leaving that choice to the court. Specify someone you know and trust to raise your children if you are no longer able to.
Guardian appointment part of last will template Idaho

5. Indicate your beneficiaries. At this stage, you specify those who will receive your assets. Enter their full names, addresses, and your relationship to them (spouse, child, friend).

6. Assign property. List your assets and explain how you would like to distribute them amongst your beneficiaries if you have something under consideration other than dividing the assets equally. Assets may include money for outstanding arrears, real estate, shares, company control, cash, and any physical items of monetary value in your possession. Please notice that there are things that cannot be distributed in your last will and testament, such as joint and living will assets and life insurance.
Beneficiaries specification and assets allocation section of Idaho last will form

7. Ask witnesses to finalize the document. Idaho Code Section 15-2-502 requires at least two witnesses who watch you sign the will or hear you acknowledge your signature.[1.2] Keep these points in mind when you choose witnesses:

  • Each witness must be at least 18 years old and otherwise able to serve as a witness.[1.5]
  • Idaho law does not invalidate your will just because a witness is also a beneficiary, but a witness with no stake in your estate avoids any later dispute.[1.5]
  • Choosing a witness younger than you improves the odds they can testify years later if your will is ever contested.

At this point, you and your two witnesses sign the document after filling in your full legal addresses and names. Check each section carefully before you finalize it.
Signatures of witnesses section of will and testament document for Idaho

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Frequently Asked Questions

What does a self-proving affidavit do for an Idaho will?

A self-proving affidavit is an optional addition made before a notary public, where you and your two witnesses sign sworn statements about how the will was executed.[1.4] With a self-proved will, probate moves faster because the court can accept the will without calling the witnesses to testify.

Can you exclude your children or spouse from your will?

In regards to your spouse, Idaho is a community property state. Property and assets acquired during the marriage, or that increased in value with money earned during the marriage, belong to both spouses evenly. This can make it impossible to fully disinherit your spouse in this state.

Idaho law lets you exclude your spouse only from the property you manage on your own, known in Idaho as “separate property.” As an alternative, a prenuptial agreement can reallocate community property rights in different ways. Except for your spouse, you can disinherit any other family member.

Can a will be modified in Idaho after it has been signed?

Yes, you can change your will after signing it. As outlined by Idaho law, it is possible to alter or cancel your last will at any time. However, in case you’re obligated by a legal contract (e.g., a divorce agreement) not to do it, you might not be able to change or revoke your last will.

If the testator is physically unable to sign the will, what should they do?

Idaho Code Section 15-2-502 allows another person to sign your last will for you, as long as it happens at your direction and in your presence.[1.2] If you also add a self-proving affidavit, the officer taking it before a notary can record that the signature was made at your direction.[1.4]

  • The person signing for you cannot also serve as one of your two witnesses.
  • The person signing for you cannot be the notary certifying the document.

Related documents Instances when you might need to create one
Codicil You need to make a single or several small alterations to your will.
Self-proving affidavit You wish to expedite the probate later on.
Living will You would like to indicate precisely what medical care you expect if you can’t express that yourself.
Living trust You need extra confidentiality and safety when the time to distribute your possessions comes.

Last Will and Testament Forms for Other States

Every state sets its own signing, witness, and self-proving rules for a valid will, so a template written for Idaho will not necessarily meet another state's requirements. If you need a will for somewhere other than Idaho, choose that state's template below.

This page is general information about Idaho last wills, not legal advice. For advice on your situation, talk to a Idaho attorney.

Sources

  1. Idaho Code §§ 15-2-501 to 15-2-507. Idaho Code §§ 15-2-501 to 15-2-507.
    • 1.1 § 15-2-501
    • 1.2 § 15-2-502
    • 1.3 § 15-2-503
    • 1.4 § 15-2-504
    • 1.5 § 15-2-505
    • 1.6 § 15-2-506
    • 1.7 § 15-2-507
Published: Aug 5, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.