Idaho Last Will and Testament Template

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An Idaho Last Will and Testament is a document used by the testator (person to whom the will belongs) to ensure that their personal, real, and digital property, as well as any fiduciary accounts, are properly distributed after their death.  An individual can draft a will in order to document who shall receive all or a portion of their estate upon death. In Idaho, wills must be signed by two (2) witnesses who observed the testator sign the document. Though optional, a testator can have the document notarized for additional legal protection.

Table of Contents

Laws

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

Signing Requirements (§ 15-2-502) – Signed by at least two (2) individual witnesses.

StatutesTitle 15 (Uniform Probate Code)

Register (§ 15-2-1001) – Must be filed with the Secretary of State by filing Form WR 1 and submitting to Secretary of State PO Box 83720 Boise, ID 83720-0080 along with the $10 filing fee.

(Video) How to Make a Will in Idaho

How to Write

Step 1 – Establish the Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. You must then enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative (Executor)–

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Executor (Representative) – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – As the notary public witnesses all signatures, they must then complete the remainder of the document and acknowledge the document by affixing their state seal.

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Durable (Financial) Power of Attorney

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