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Protect your loved ones with an Idaho will using FindLaw’s attorney-created forms and easy step-by-step process.
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Protect your family with an Idaho will
If you do not have a will, you die “intestate.” Therefore, Idaho follows intestacy laws. That means a probate court decides who raises your children, receives your property, and manages your estate. You do not want a court to make these personal decisions for you. You protect your family, preserve your assets, and speed up the probate process by making a will. Our easy to use forms allow you to determine what happens to your property, decide what age beneficiaries can access their inheritance, and safeguard your estate by explicitly disinheriting individuals you do not wish to inherit.
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How do I make a valid Idaho will?
If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:
List your property and assets
Make a list of all your property to give away in your will. Some property and assets transfer outside of your will, such as property held in joint tenancy. The property you give away in your will is personal property or assets in your name only, or any accounts that do not have a named beneficiary. Idaho also allows you to refer to a tangible personal property list in your will. You can list items and who you want to give them to. The benefit is that you can change the list at any time before your death. Note, you must handwrite the list or sign the list and describe the items and beneficiaries with reasonable certainty.
Name your beneficiaries
Second, choose who you want to receive your property in the will, which is called your beneficiaries. Your beneficiary is a person or an organization. So, to make a charitable donation, you would include the charity name and dollar amount. If some of your beneficiaries, such as your children, are under 18, they can’t receive property as a minor. In that case, your will can instruct your personal representative to hold that beneficiary’s share in a testamentary trust for their benefit. Then, they can receive their share when they become an adult.
Appoint a personal representative
A personal representative manages your estate administration, files paperwork with the probate courts, pays debts, and distributes assets according to your will. Choose someone who is responsible, organized, and trustworthy.
Choose a guardian for your minor children
If you have any children under 18, who will care for them? When you make your will, you can appoint a guardian for your minor children. Your children’s guardian provides their support, healthcare, education, and maintenance.
Print and sign your document in front of witnesses
To make your will valid, you sign your will in front of two competent witnesses over the age of 18. Competent means being able to testify as a witness. Additionally, in Idaho, there is no prohibition against an interested witness, meaning a family member or someone who may get a benefit from your will. You do not need to have a notary present to make your will valid. However, Idaho has a “self-proving affidavit.” This is an affidavit that your witnesses sign stating it is your authentic will. A notary public signs the affidavit. The benefit of a self-proving affidavit is your witnesses will never need to testify as to the will’s authenticity.
Frequently asked questions about Idaho last will and testaments
Yes. Idaho allows you to make a handwritten or “holographic” will. You handwrite your will, and you sign in your handwriting. There is no requirement that a handwritten will needs witnesses.
However, handwritten wills are often contested, which can tie your estate up in lawsuits. Using FindLaw’s simple, form-generating tool, you can print a will to sign in front of two competent witnesses. And with the self-proving affidavit, you prove that your will is the authentic statement of your wishes.
No. You do not need a lawyer to make a valid will in Idaho. If you write your will and sign in front of two competent witnesses, it is valid. You can write your own will or use FindLaw’s online process to create your will.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. There are some situations where you should contact an estate planning attorney. For example, if you have a child with special needs or have a large estate and worry about estate taxes.
The requirements to make a legal will in Idaho is being either 18 years or older, or an emancipated minor of “sound mind.” Sound mind means the mental capacity to understand what you own, your natural beneficiaries meaning your “heirs,” and what property you are giving away.
You must also sign your will in the presence of two competent witnesses.
Idaho requires formal probate on estates valued over $100,000 or holding any real property regardless of the value. So, estates under $100,00 are “small estates” and qualify for a simplified probate procedure. Under the simplified probate, your representative files affidavits to the court, avoiding lengthy probate.
To avoid probate, it would be best if you put your personal assets and any real estate held solely in your name into a revocable trust. A trust is not part of your estate and therefore does not go through probate. However, you must weigh the costs of creating a trust versus probate.
Yes. As your life changes, so might your instructions in your will. For example, you should update beneficiaries if you have a new child or if one of your beneficiaries dies. You might also decide to change your personal representative or guardian of your children. If you have a life event, such as a marriage or divorce, you may want to change the terms of your will.
In addition to a will, there are other important documents for a complete estate plan. These documents help you and your family if you have a sudden hospitalization or incapacity and cannot manage your affairs.
- A power of attorney nominates an agent or attorney-in-fact to handle your finances and property if you are unable.
- A durable power of attorney for health care names an agent to handle medical decisions if you are unable.
- A living will declaration leaves instructions for your end-of-life care.
Using FindLaw’s form-generating tool, you can get all the legal documents you need to protect your family.
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
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