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Idaho Last Will and Testament

Idaho Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 mins

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Your Idaho last will and testament is a crucial document that decides the course of your estate after you pass away. It has details and your wishes about who would inherit or manage your estate. You could decide who will care for your children and look after them. It would all be your decision rather than ending up in the court's hands. Thus, completing a legal last will is essential for your and your family's financial security. To start estate planning, you must follow the rules and create your online last will. It would help avoid uncertainty and protect your family from any financial difficulties in any situation.

If you want to make an Idaho last will and testament, here's what you should follow.

Requirements for an Idaho Last Will and Testament 

  • Written will: An Idaho last will and testament must be on paper to be legal. It cannot be a digital file or electronic will. Idaho allows self-written or holographic wills.
  • Must be of at least 18 age or an emancipated minor 
  • Sound mind and memory: The testator for an Idaho last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Idaho last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will as well.

Who can be your witnesses for an Idaho Last Will and Testament? 

Your witnesses for an Idaho last will must follow these conditions:

  • An Idaho witness must be at least 18 age.
  • They should be able to testify about what they saw and the will-making process.
  • You shouldn't select beneficiaries as witnesses for your Idaho will. They could lose their estate portion or gift mentioned in the will.

Idaho rules for a personal representative or an executor 

Choosing an executor for your Idaho last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. You need to select an adult as your Idaho will executor. 
  2. Idaho doesn't restrict you from choosing a convicted felon as your executor.
  3. Capable of performing the job, i.e., of a sound mind and memory. 
  4. Idaho allows you to choose someone out of state as your executor.

Last Will and Testament Notarization in Idaho

There's no need to notarize your Idaho last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Idaho Last Will Revocation 

You could follow any of these steps to revoke your Idaho last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Making a new legal will that revokes any part or the entire previous will.

Idaho Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Idaho last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Idaho last will and testament

Idaho rules for divorce after making your last will

  • Idaho law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Idaho will or remarry your ex.

What happens if you don't have a will in Idaho? 

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has a spouse and children 

Spouse inherits the community property and one-half of the personal estate 


Children inherit the balance 

Has parents and a spouse 

Spouse inherits the community property and one-half of the personal estate 


Children inherit the balance 

Has parents, no spouse, no descendants 

Parents inherit everything 

Last Will and Testament Idaho Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Idaho free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Idaho last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Idaho last will and testament. 

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Frequently Asked Questions

Do I need to notarize my will?

Different states have varying requirements for Notarization. It's better to read your state rules before finalizing your last will and testament.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

Do I need to have a certain amount of money to make a will?

No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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