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Idaho Wills Laws

We can't bring our belongings with us when we die, which is why people write wills. Wills are legal documents detailing how the testator (the official title of the deceased whose estate is being handled) wants to divide his or her belongings among surviving family members and others named in the will. Without a valid will, there is no official statement on how to parcel out the testator's belongings. If the testator dies without a will and no heirs can be found, his or her possessions and money will go to the state.

In addition to the formal will, testators often include lists of individual items with personal notes to their recipients in order to provide better closure. Wills may be revoked or altered whenever the testator believes it's appropriate, perhaps to account for life changes or reconsiderations.

Wills Law in Idaho: Overview

In the state of Idaho, testators must have their wills signed by at least two witnesses who either witnessed the actual signing, or the testator's own acknowledgment of the signing. Oral wills are not recognized in Idaho, but handwritten wills are valid as long as they are in the handwriting of the testator.

Additional details of Idaho laws concerning wills are listed below. See FindLaw's Making a Will section for additional articles, including What is a Valid Will? and What Happens If You Die Without a Will?

Code Section §§15-2-501, et seq.
Age of Testator 18 years or older or any emancipated minor and of sound mind
Number of Witnesses Signed by two or more persons 18 yrs. or older, each of whom witnessed either the signing or testator's acknowledgment of the signature or of the will.
Nuncupative (Oral Wills) Not recognized
Holographic Wills Valid if signature and material provisions are in handwriting of testator; does not need witnesses.

Note: State laws are always subject to change through the enactment of newly passed legislation or ballot initiatives, decisions from higher courts, or other means. You should consider contacting an Idaho estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.

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Idaho Wills Laws: Related Resources

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