How to Make a Will in Idaho

If you're a resident of Idaho and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Idaho laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Idaho

Here's a quick checklist for making a will in Idaho:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in Idaho?

In Idaho, if you die without a will, your property will be distributed according to state "intestacy" laws. Idaho's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Idaho?

Yes. You can make your own will in Idaho, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Idaho

To make a will in Idaho, you must be:

• at least 18 years old (or an emancipated minor), and
• of sound mind.

(Idaho Code § 15-2-501 (2025).)

Generally, you must make your will in writing on actual paper. It can't be on audio or video. (Although, see "Can I Make a Digital or Electronic Will?," below.) (Idaho Code § 15-2-502 (2025).)

How to Sign and Execute My Idaho Will

To finalize your will in Idaho, you must sign it, and:

• you must have two witnesses present when you sign or acknowledge your will, and
• your witnesses must sign your will.

(Idaho Code § 15-2-502 (2025).)

Although Idaho allows an "interested person" who stands to inherit under your will to serve as a witness, it is usually not a good idea. (Idaho Code § 15-2-505 (2025).)

Some handwritten wills (called "holographic wills") don't have to be witnessed if the signature and the material provisions of the will are in the will maker's handwriting. Holographic wills are usually not a good idea. (Idaho Code § 15-2-503 (2025).)

Do I Need to Have My Will Notarized?

No, in Idaho, you don't need to notarize your will to make it legal. However, Idaho allows you to make your will "self-proving," and you'll need to use a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Idaho Code § 15-2-504 (2025).)

Idaho also allows remote notarization by a notary who is present through real-time audio-video technology. (Idaho Code § 51-114A (2025).)

Can I Make a Digital or Electronic Will?

Idaho allows electronic wills (e-wills). An e-will is a will that you can make, sign, and have witnessed in a digital format without ever printing it out. (Idaho Code § 15-2-1105 (2025).)

The requirements for making a valid e-will can be complicated, and the concept is still fairly new. As a result, e-wills are still not commonplace. For more details on Idaho's specific approach to e-wills, see What Is an Electronic Will?

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Idaho, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Idaho?

In Idaho, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, or
• making a new will that states it revokes the old one or has contradictory terms to the old one.

(Idaho Code § 15-2-507 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Idaho law revokes any language in your will that leaves property to your spouse or names your spouse to be your personal representative. This rule doesn't apply if you remarry your spouse or specifically state in your will that divorce won't affect the provisions in your will. (Idaho Code § 15-2-508 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Idaho's laws about making wills here: Idaho Statutes, Title 15 Uniform Probate Code, Chapter 2 Intestate Succession – Wills, Part 5 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Idaho wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Idaho, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Idaho?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Idaho, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Idaho doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.