How to Make a Valid Will in Idaho
What Idaho law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older (or an emancipated minor) who is of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the… Idaho Code §§ 15-2-501, 15-2-502
| Requirements for a valid will | Anyone 18 or older (or an emancipated minor) who is of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will. Source: Idaho Code §§ 15-2-501, 15-2-502 |
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| Handwritten (holographic) wills | Yes. A handwritten will is valid whether or not it is witnessed, as long as the signature and the material provisions are in the will-maker's own handwriting. Source: Idaho Code § 15-2-503 |
| Self-proving affidavit | Yes. The will-maker and the witnesses can swear to the facts of signing before an officer authorized to administer oaths (such as a notary), either when the will is signed or later. The officer's certificate under official seal is attached to the will. The statute gives the certificate wording. Source: Idaho Code § 15-2-504 |
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- Who Inherits If You Die Without a Will in Idaho
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- All Idaho wills, probate and estate rules
FAQ
What makes a will valid in Idaho?
Anyone 18 or older (or an emancipated minor) who is of sound mind may make a will. The will must be in writing and signed by the will-maker (or by someone else in the will-maker's name, in their presence and at their direction), and signed by at least two witnesses who each saw the signing or the will-maker's acknowledgment of the signature or the will.
Is a handwritten will valid in Idaho?
Yes. A handwritten will is valid whether or not it is witnessed, as long as the signature and the material provisions are in the will-maker's own handwriting.
Does a will need to be notarized in Idaho?
Yes. The will-maker and the witnesses can swear to the facts of signing before an officer authorized to administer oaths (such as a notary), either when the will is signed or later. The officer's certificate under official seal is attached to the will. The statute gives the certificate wording.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.