Free Idaho Last Will and Testament Form

A will is a document that contains the final will of its owner (testator) and establishes how and by whom his or her assets will be used in case of death.

It’s normally wise to prepare a last will. An elaborate and effectively made will can be important to all your family members and relations after your passing, even if you don’t possess lots of estates.

Below, you will find an Idaho last will and testament form for download and tips intended to clear up your smallest questions about estate planning, kinds of will, and ways to write a sound document.

Idaho Last Will Laws and Requirements

Requirements State laws
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

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 online.
  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.”
  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 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.
  4. Establish the guardian (optional). In the event you’ve got underage or dependent children and do not wish the court to choose a guardian for them when you’re no longer on this Earth, it is possible to specify someone you know as a guardian for your children.
  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.
  7. Ask witnesses to finalize the document. Idaho Statutes stipulate that no less than two witnesses must sign a will so that it is viewed as valid. You’ll be able to name another person as a witness provided that they’re older than 18 years and are disinterested in your heritage. As an additional precaution against situations when your will is contested or other problems, it makes sense to assign a witness who’s younger than you to be sure they’ll still be there after you depart this world. At this point, you (and your two witnesses) have to sign the document after filling in your full legal addresses and names. Don’t forget to check each section carefully prior to finalizing the matter.

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Frequently Asked Questions

What's the main difference between 'Power of Attorney' and 'Executor'?

The primary difference between these two documents is that when you have passed away, the representative you name through power of attorney loses their official authority to take care of any matters in your stead. There are two primary ones amongst the power of attorney varieties:

  • General power of attorney – lets you appoint a proxy (agent) who will be able to take care of your monetary and legal affairs instead of you. However, this document becomes annulled in case the PoA author passes away or becomes incapacitated.
  • Durable power of attorney – gives the same rights to the proxy as the first type but will stay effective even when the person on behalf of whom the agent acts becomes disabled.

An executor is someone you assign in the will to handle your affairs once you pass on. One person could be your last will’s executor and power of attorney proxy.

Must I notarize my will in Idaho for it to be valid?


Idaho statute affirms that a will can be valid without getting a notary public to certify it. But in case you wish to add a self-proving affidavit to the last will, you must notarize it. A self-proving last will would make probate faster since the court can approve it without speaking to the witnesses who signed it.

IMPORTANT: Even though notarization is not required for last wills in Idaho, it usually helps facilitate the probate.

When weighing an attested and holographic last will, which is preferable?


For any holographic will to be legally binding, you have to handwrite the entire document, indicate the date of writing, and sign it. Keep in mind that this type of a last will is usually created when there’s no other alternative and is usually substituted with a more comprehensive document created by using a fillable will template or law firm. An adequately outlined last will would be better for the future probate procedure because holographic wills might include unclear conditions that can easily delay probate and make it more costly and/or harder to enforce.

An attested will is a typewritten document that is often based on a fillable template obtainable online or prepared with the aid of a legal professional. You will need to have two witnesses (18 years or older) sign the will in your presence for it to be regarded as valid. In some states, you’d have to notarize it, but in Idaho, there is no such requirement.

Exactly what does it imply to be testamentary capable?


Testamentary capacity is a term used to describe the testator’s (the person writing the will) legal and mental capacity (sound mind) to write and modify their last will.

In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” means that you don’t have any type of mental illnesses (dementia, senility, insanity, etc.) that prevents you from having an understanding of the outcomes of your doings.

Is it obligatory (in Idaho) to include a self-proving affidavit to my last will and testament?


No, in Idaho, there isn’t such a requirement. However, attaching one may be rather beneficial as it removes the demand for witnesses testimony in the course of probate, which facilitates the process a lot.

Can you exclude your children or spouse from a last will and testament?


As regards to your spouse, it’s important to emphasize that Idaho is a community property state, which means that all the properties and assets that were acquired during the marriage or that increased with money earned while in the said marriage, belong to each of the marriage partners evenly. This can make it impossible in practice to disinherit your marriage partner.

According to Census.gov, in 2018, the Idaho divorce rate was 8.2, which is not significantly different from the national rate of 7.7 (per 1,000 women over 15 years old).

Idaho law enables you to exclude your marriage partner of your last will entirely, only with regards to those possessions you manage, which in Idaho are usually known as “separate property.”As an alternative, it’s possible to conclude a prenuptial or postnuptial agreement to reallocate the rights for community property in different ways.Except for your spouse, Idaho law makes it possible to disinherit any other members of your family. Your children or any other family members can be legally disinherited totally in your last will. For doing that, include specific paragraphs to the last will.

Is it possible to amend my will without my agreement?


No, it is only you who is permitted to modify your last will and testament. A 3rd party can only sign the last will if you’re physically incapable of doing so.

Can a signed, typewritten will be modified in Idaho?


Yes, you can.

As outlined by Idaho law, it is possible to alter or cancel your last will in case you’re not obligated by a legal contract stating otherwise.

In addition, it’s a wise decision to amend your last will and testament whenever you go through an important life event such as:

  • Birth or adoption of a child
  • Divorce or marriage
  • Real estate or major piece of property has been sold or bought
  • Significant changes in your finances

How must I act if my last will has been lost?


In Idaho, the law claims that the court will admit a last will and testament if it has been destroyed or lost. However, just the initial version of the last will and testament may be accepted by the probate court.

Idaho law provides a supposition that the will’s absence implies it has been repealed. This places the obligation on the proponent of the last will to give evidence of the said will.

For holographic wills, the process can become more difficult because sworn witnesses and testimony will be demanded. Moreover, you are also to provide proof of why the last will and testament and its details can’t be produced in a way that will also confirm it has not been annulled.

If I am physically unable to sign my last will and testament, what should I do?


Only per your instruction and in your presence is another person allowed to sign your last will (See Idaho Estate Code). The testator can express his or her wishes verbally, by way of responding positively to a query, or with body gestures.

It’s possible to get a notary public to sign the name of a testator who is physically incapable of doing it if the testator guides the notary in the presence of a witness. This witness is selected the same way someone could choose an executor – they mustn’t have any legal or equitable interest in any assets that are the focus of or influenced by the last will and testament.

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.
Published: Sep 15, 2020