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Idaho Last Will and Testament

Idaho requires 2 witnesses for a valid will and recognizes handwritten (holographic) wills. Make a free Idaho will template online. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called your executor or personal representative, who will carry out those wishes and administer your estate. It can also name a guardian for any minor children. In Idaho, a will is valid under the Uniform Probate Code (Idaho Code 15-2-502) when it is in writing, signed by the testator (the person making the will), and signed by at least two witnesses who saw the testator sign or acknowledge the will. Idaho does not purge an interested witness, so a beneficiary who also signs as a witness does not lose their gift and the will stays valid (Idaho Code 15-2-505). The will itself does not need to be notarized; a notary is used only for the optional self-proving affidavit (Idaho Code 15-2-504), which lets the will be admitted to probate without tracking down live witnesses later. Idaho also recognizes a holographic will, meaning a handwritten will is valid even without witnesses if the signature and the material provisions are in the testator's own handwriting (Idaho Code 15-2-503). To make a will in Idaho you must be at least 18, or an emancipated minor, and of sound mind (Idaho Code 15-2-501). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    Idaho requires two witnesses. Under Idaho Code 15-2-502, a will must be in writing, signed by the testator, and signed by at least two people who witnessed the signing or the testator's acknowledgment of it. An interested witness, meaning a witness who is also a beneficiary, does not invalidate the will or forfeit that witness's gift (Idaho Code 15-2-505).

  3. 3

    A self-proving affidavit is available and needs a notary. Idaho Code 15-2-504 lets the testator and witnesses sign a sworn statement before a notary or other officer authorized to administer oaths. A self-proved will can be admitted to probate without locating the witnesses to testify.

  4. 4

    Idaho recognizes holographic (handwritten) wills. A will that does not meet the standard witnessed-signing rule is still valid, whether or not it was witnessed, if the signature and the material provisions are in the testator's own handwriting (Idaho Code 15-2-503).

  5. 5

    The will itself does not need a notary. Idaho Code 15-2-502 requires two witnesses to sign the will, not a notary. Notarization only applies to the separate, optional self-proving affidavit.

  6. 6

    You must be 18, or an emancipated minor, and of sound mind. Idaho Code 15-2-501 sets the minimum age and requires the testator to be of sound mind (testamentary capacity) to make a valid will.

  7. 7

    A will can be revoked by a later will or by a physical act. Idaho Code 15-2-507 allows revocation by a subsequent will that expressly or inconsistently revokes the prior one, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it. A later divorce or annulment also revokes gifts and appointments to a former spouse unless the will says otherwise (Idaho Code 15-2-508).

Key decisions before you file

Before you file a Last Will and Testament in Idaho, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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IDAHO LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [COUNTY] County, Idaho, being at least 18 years old (or an emancipated minor) and of sound mind, declare this to be my Last Will and Testament (my will). I revoke all prior wills and codicils I have previously made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [NAME] as the personal representative (executor) of my estate. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative, with full authority to gather my assets, pay my debts and taxes, and distribute my estate under this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, describing each item or amount and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest, residue, and remainder of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give my residuary estate to [ALTERNATE BENEFICIARY NAME].

  5. GUARDIAN FOR MINOR CHILDREN (IF APPLICABLE) If I have minor children at my death, I nominate [GUARDIAN NAME] as guardian of their persons and estates. If [GUARDIAN NAME] cannot serve, I nominate [ALTERNATE GUARDIAN NAME].

  6. ATTESTATION CLAUSE I sign my name to this instrument this [DATE] and declare that I execute it as my will, willingly and as my free and voluntary act. Idaho Code 15-2-502 requires my signature and the signatures of at least two witnesses who witnessed my signing or my acknowledgment of the will.

[TESTATOR NAME], Testator

We, the undersigned witnesses, each at least 18 years of age, declare that the testator signed this instrument in our presence, or acknowledged that it was signed, and appeared to be of sound mind and under no constraint. Idaho does not disqualify a witness who is also a beneficiary (Idaho Code 15-2-505), but disinterested witnesses are still good practice.

_____________________________ Witness 1 signature Print name: _____________________ Address: _____________________

_____________________________ Witness 2 signature Print name: _____________________ Address: _____________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Idaho Code 15-2-504 lets the testator and witnesses make this will self-proved by signing a sworn statement before a notary, so it can be admitted to probate without locating the witnesses later.

STATE OF IDAHO, COUNTY OF [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, declare that the testator signed this instrument as the testator's will, willingly and as a free and voluntary act, and that each witness signed in the testator's presence and hearing, and that the testator appeared eighteen or older, of sound mind, and under no constraint.

_____________________________ Testator _____________________________ Witness 1 _____________________________ Witness 2

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME] and the witnesses named above, this [DATE].

Notary Public, State of Idaho

Note: This will is governed by the Idaho Uniform Probate Code, Idaho Code Title 15, Chapter 2, Part 5. Idaho requires two witnesses (a notary is needed only for this optional affidavit, not the will itself), and although Idaho law does not disqualify an interested witness, choosing witnesses who are not beneficiaries avoids any appearance of pressure. This is an Idaho skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Idaho in about a minute, and notarize it online through DocDraft if it does.

Idaho Requirements for Last Will and Testament

Sign the Will in Writing With Two Witnesses

A will must be in writing, signed by the testator, and signed by at least two witnesses who witnessed either the signing or the testator's acknowledgment of the signature or the will, under Idaho Code 15-2-502.

Interested Witnesses Are Permitted

Idaho does not invalidate a will or purge a witness's gift because the witness is also a beneficiary. Under Idaho Code 15-2-505, a will signed by an interested witness is not invalid for that reason, though disinterested witnesses are still good practice.

The Will Itself Does Not Need a Notary

Idaho Code 15-2-502 requires the testator's signature and two witness signatures, not notarization, to make the will valid. A notary is used only for the separate, optional self-proving affidavit.

Self-Proving Affidavit Available (Needs a Notary)

Idaho Code 15-2-504 lets the testator and witnesses sign a sworn affidavit before a notary or other officer authorized to administer oaths, making the will self-proved so it can be admitted to probate without locating the witnesses later.

Holographic (Handwritten) Wills Are Recognized

Idaho Code 15-2-503 recognizes a holographic will as valid, whether or not it is witnessed, if the signature and the material provisions are in the testator's own handwriting.

Minimum Age and Capacity

The testator must be at least 18 years old, or an emancipated minor, and of sound mind to make a valid will, under Idaho Code 15-2-501.

Revocation by Later Will or Physical Act

Idaho Code 15-2-507 lets a testator revoke a will with a later will that expressly or inconsistently revokes it, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it.

Divorce or Annulment Revokes Gifts to a Former Spouse

Under Idaho Code 15-2-508, a later divorce or annulment automatically revokes any disposition, power of appointment, or nomination as personal representative, trustee, conservator, or guardian given to a former spouse, unless the will expressly provides otherwise.

Does your Last Will and Testament need to be notarized in Idaho?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Idaho requires at least two witnesses. Under Idaho Code 15-2-502, the testator must sign the will (or direct someone else to sign it in the testator's presence), and at least two people must witness either the signing or the testator's acknowledgment of the signature or the will. Idaho does not disqualify an interested witness, meaning a beneficiary can serve as a witness without losing their gift (Idaho Code 15-2-505), though many people still prefer disinterested witnesses to avoid any appearance of pressure.

No. Idaho Code 15-2-502 requires the will to be signed by the testator and by two witnesses, not by a notary. A notary is used only for the separate, optional self-proving affidavit under Idaho Code 15-2-504, a sworn statement the testator and witnesses sign before a notary so the will can be admitted to probate without locating the witnesses later.

Yes. Idaho Code 15-2-503 recognizes a holographic will as valid, whether or not it was witnessed, as long as the signature and the material provisions are in the testator's own handwriting. A typed will that is not properly witnessed does not qualify for this exception; the handwriting requirement applies to the signature and the substantive terms themselves.

Put your wishes in writing, name a personal representative (executor) and, if needed, a guardian for minor children, sign the document, and have at least two witnesses sign it after watching you sign or acknowledge it, as required by Idaho Code 15-2-502. You may also add a self-proving affidavit signed before a notary under Idaho Code 15-2-504 so the will is easier to admit to probate later.

A valid Idaho will is in writing, signed by a testator who is at least 18 (or an emancipated minor) and of sound mind, and signed by at least two witnesses who saw the signing or acknowledgment, per Idaho Code 15-2-501 and 15-2-502. A handwritten will that meets the holographic exception in Idaho Code 15-2-503 is valid even without witnesses.

A self-proving affidavit is a sworn statement, signed by the testator and the witnesses before a notary or other officer authorized to administer oaths, confirming the will was properly signed and witnessed (Idaho Code 15-2-504). It lets the probate court accept the will without needing the witnesses to testify later, and can be signed at the same time as the will or added afterward.

You must be at least 18 years old, or an emancipated minor, and of sound mind to make a will in Idaho, under Idaho Code 15-2-501. Sound mind, sometimes called testamentary capacity, generally means understanding what property you own, who your natural beneficiaries are, and the effect of signing a will.

Under Idaho Code 15-2-507, you can revoke a will with a later will that expressly or inconsistently revokes it, or by a physical act such as burning, tearing, canceling, obliterating, or destroying the will with intent to revoke it. A later divorce or annulment also automatically revokes any gift, power, or appointment to a former spouse unless the will expressly provides otherwise (Idaho Code 15-2-508).