Idaho's Requirements for a Will
Idaho's Requirements for a Will
Log in
or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account
Register

or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account

Idaho's Requirements for a Will

arrow-green-right

Summary of Idaho's Will Requirements:

Minimum Age to Make a Will 181
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

arrow-green-right

Statutes Governing Idaho's Will Requirements:

 

Who may make a will

Any emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will. A married woman may dispose of her property, whether separate or community, in the same manner as any other person subject to the restrictions imposed by this code

Idaho Requirements for a Will - Statutes, § 15-2-501

 

Execution

Except as provided for holographic wills, writings within section 15-2-513 of this Part, and wills within section 15-2-506 of this Part, every will shall be in writing signed by the testator or in the testator's name by some other person in the testator's presence and by his direction, and shall be signed by at least two (2) persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will.

Idaho Requirements for a Will - Statutes, § 15-2-502

 

Holographic will

A will which does not comply with section 15-2-502 of this Part is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.

Idaho Requirements for a Will - Statutes, § 15-2-503

 

Self-proved will

(a) Any will may be simultaneously executed, attested, and made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in form and content substantially as follows:

I, .........., the testator, sign my name to this instrument this ..... day of ........, 19.., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

.............................. Testator


We, ............, ............, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of his knowledge the testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

..............................
Witness

..............................
Witness


The State of .......... County of ............. Subscribed, sworn to and acknowledged before me by .........., the testator and subscribed and sworn to before me by .........., and .........., witnesses, this ..... day of ..........

(Seal)
(Signed) .....................

...................................
(Official capacity of officer)

(b) An attested will may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in form and content substantially as follows:


The State of ............
County of ................

We, .........., ..........., and .........., the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.

..............................
Testator

..............................
Witness

..............................
Witness

Subscribed, sworn to and acknowledge [acknowledged] before me by .........., the testator, and subscribed and sworn to before me by .........., and .........., witnesses, this ..... day of .........

(Seal)
(Signed) .....................
.... ..............................
(Official capacity of officer)

Idaho Requirements for a Will - Statutes, § 15-2-504

 

Who may witness

(a) Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will.

(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.

Idaho Requirements for a Will - Statutes, § 15-2-505

 

Choice of law as to execution

A written will is valid if executed in compliance with section 15-2-502 or 15-2-503 of this Part or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.

Idaho Requirements for a Will - Statutes, § 15-2-506

 

[Reference - Idaho Requirements for a Will]

Popular Articles

mickey rooney 2000-300x267

Mickey Rooney's Estate Finds Peace, But Will It Last?

by Andrew W. Mayoras and Danielle B. Mayoras
PaulWalker

Five Estate Planning Lessions From The Paul Walker Estate

by Andrew W. Mayoras and Danielle B. Mayoras
email this page