Idaho Last Will and Testament

What Is a Last Will and Testament?

Idaho defines a will as “a testamentary instrument and includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.” (§ 15-1-201(56))

Requirements

To execute a valid will, individuals must:

• The testator must be mentally sound and at least eighteen (18) years old. (§ 15-2-501)
• The will must be signed by two competent witnesses in the testator’s presence. (§ 15-2-502)
• The will must be in writing to be valid. (§ 15-2-502)

Filing

Idaho does not mandate the filing of wills before death. Probate courts may offer safekeeping services for residents who wish to deposit their wills.

Sources

1. § 15-1-201(56)
2. § 15-2-501
3. § 15-2-502

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