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Create your Idaho last will and testament with confidence

Create your last will and testament forms easily from home and in under an hour with FindLaw’s guided process.

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Choose the right Idaho will option for you

Last Will and Testament

For One Person

A do-it-yourself last will that’s easy to personalize.

$99
What’s included:
What’s included
Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase

BEST VALUE

Estate Planning Package

For One person

All the forms you need to create a personal estate plan

$189
What’s included:
What’s included
Last will and testament
Health care directive
Power of attorney
Free HIPAA release form
A comprehensive plan — for less
Free changes and revisions for up to one year after purchase

Still not sure what estate planning tools you need?


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.

Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Tim_Kelly_image

Reviewed by:

Tim Kelly, J.D.

Contributing Author

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.

Free Download

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

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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

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.

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
Find a local estate planning lawyer

Ready to begin your Idaho will?

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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.

The advantage of a FindLaw will is that you can easily update your will when you need.

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.

Using FindLaw’s form-generating tool, you can get all the legal documents you need to protect your family.

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  • Shane

    “I valued the easy-to-navigate layouts and the clean design of the forms. The price was the lowest I could find.”

  • Kat

    “FindLaw helps you fill in the blanks and produce a written doc per your state laws. All you need to do is sign and have it notarized. How easy!”

  • Paul

    “FindLaw’s website was extremely easy to navigate! It walks you through all the questions you need to answer – very simply. And the price point was excellent. Highly recommend!”

Want an attorney to review your will?

Contact an experienced estate planning lawyer near you.