Idaho Requirements to Create a Valid Will

As of my last update in September 2021, here are the general requirements for creating a valid will in Idaho:

1. **Age and Capacity**: The testator (person making the will) must be at least 18 years old and of sound mind. Being of "sound mind" typically means that the testator understands the nature of the will, the extent of their property, and the identities of those who are to inherit.

2. **Writing**: The will must be in writing. This can be typed or handwritten.

3. **Witnesses**: The will must be signed by at least two individuals, each of whom signs within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.

4. **Signature**: The testator must sign the will at the end. If the testator cannot physically sign, another person can sign on the testator's behalf, but this must be done in the testator's presence and at their direction.

5. **Holographic Wills**: Idaho recognizes holographic wills if the signature and material provisions are in the testator's handwriting. These wills do not need to be witnessed, but it's essential that the material provisions and the testator's signature are in the testator's handwriting.

6. **Revoking or Changing the Will**: A will or any part of it can be revoked by the testator at any time before their death, as long as they are of sound mind. This can be done by creating a new will, creating a codicil (an amendment to the will), or by physically destroying the will (e.g., burning, tearing, or otherwise mutilating it with the intent to revoke).

7. **Self-Proving Affidavit**: Idaho allows for a will to be "self-proved." A self-proving will has an affidavit (a sworn statement) from the testator and witnesses, which confirms they followed the required legal formalities. This affidavit can expedite the probate process because the court can accept the will without contacting the witnesses.

8. **Property Disposition**: While not a requirement for a valid will, it's essential to be clear about how you want your property distributed. If certain provisions of the will are found to be invalid, those portions of the estate may be distributed according to Idaho's intestacy laws.

9. **Digital Assets**: It's a good idea to consider digital assets when creating a will. While specific provisions might not be outlined in the basic requirements for a will, addressing digital assets and providing clear instructions on how they should be handled can be crucial.

10. **Special Provisions for Non-Residents**: Non-residents can create a valid will in Idaho if the will is executed in compliance with Idaho's laws, the laws of the place where the will was executed, or the laws of the place where the testator was domiciled when the will was executed or at the time of death.

It's crucial to consult with an attorney familiar with Idaho's estate planning laws when creating a will. This ensures that your wishes are accurately and legally documented and that your assets are distributed according to your intentions. Laws and regulations can change, so always check for the most up-to-date information or consult with a legal professional.