How to Make a Will in Idaho

A will can protect your loved ones and assets. In a will, you can name a guardian to look after your minor children or pets, name an executor to handle your assets and leave your assets to specific people or organizations. The risk of not writing your will is leaving the distribution of your assets open to speculation. This may lead to an undesired person inheriting from you, and disputes often erupt. Moreover, parties may waste time trying to quell avoidable conflicts or decipher your wishes. When a person dies without a will, they are said to have died “intestate,” and intestate laws govern the distribution of their assets. Under intestacy laws, the decedent’s estate distribution gives the decedent’s spouse and other close relatives priority. 

What are the steps to create a will in Idaho?

The following is a condensed checklist that outlines how to write a will in Idaho:

1. Assets inventory

One benefit of having an asset inventory is that it simplifies determining how much you have, which will impact the process of writing your will.

2. Determination of beneficiaries

Beneficiaries often consist of members of the individual’s immediate family; nevertheless, a person can name anybody as a beneficiary in their will.

3. Selection of the executor

Where you fail to select an executor, the court will appoint one on your behalf so they can carry out your wishes.

4. Selection of the guardian

By exercising your right to select a guardian for your children, you allow yourself to choose the most qualified individual who will assume parental responsibility when you cannot.

5. Selection of a fiduciary

It is typically recommended that a fiduciary who is not the guardian monitors the administration of the children’s assets to provide a higher level of supervision over their finances.

6. Will drafting

Having a will assures that your loved ones will be catered for in your absence according to your wishes.

7. Will execution

The will execution communicates your wish to be bound by the will’s provisions.

8. Will storage

Keeping your will in a secure location that is not susceptible to destruction is of the utmost importance. However, this location should be easily accessible to your loved ones when they need to access it upon your death. 

What happens if I don’t have a will?

When a person dies without leaving a will, they are said to have died “intestate, and intestate succession governs their estate’s distribution.

What are the requirements for writing a last will and testament in Idaho?

In Idaho, eligibility to create a will requires that the testator has the following qualifications:

1. Age

The testator should be at least 18 years old or an emancipated minor.

2. Sound mind

The testator should not have been deemed incapacitated by a court. 

How often should you review and update your Idaho will?

In the event of a significant life transition, reviewing and updating your Idaho will thoroughly is advisable. However, it is advisable to periodically examine and revise your will every three to five years, irrespective of any life changes. Relevant life events that may necessitate a reassessment and revision of your will encompass marriage, divorce, the birth or adoption of children, the demise of beneficiaries or an executor, alterations in relationships, changes in legislation, relocation to a different state, and changes in financial situation.

How to revise and update your will in Idaho

To revise and update a will in Idaho, a testator can prepare a codicil that adheres to the same formalities as a will. However, to address many revisions or modifications, it is recommended that the existing one be invalidated and a new one drafted.

What makes a will valid in Idaho?

For a will to be valid in Idaho:

1. The testator must be at least 18 years old or be an emancipated minor.
2. The testator must possess a sound mind.
3. The testator must execute the will, or someone other than the testator may execute it in the testator’s presence and under their instructions.
4. For the will to be legitimate, at least two witnesses who observed either the signing or the testator’s acknowledgment of the signature or the will must sign it.
5. To be legally valid, an Idaho will must be in written form.

Can a handwritten will be valid in Idaho?

Yes, a handwritten will can be valid in Idaho. Idaho law acknowledges handwritten wills, often known as “holographic wills,” as legally legitimate if they satisfy well-defined criteria. These criteria include requiring the signature and the pertinent clauses to be in the testator’s handwriting. For more guidance on handwritten wills and Do-it-yourself wills, contact us; we can offer an Idaho will template per Idaho will requirements.

How do I sign my Idaho will?

You must sign or acknowledge your will in the presence of two witnesses, who in turn must sign your will. While Idaho permits an “interested person” eligible to inherit in your will to act as a witness, pursuing this option is generally not advisable. Witnessing is not required for handwritten (holographic) wills, provided the signature and the substantive provisions of the will are in the testator’s handwriting.

What can I include in an online will in Idaho?

An online will can incorporate any clause present in a conventional will, including, but not limited to, probate assets, beneficiaries, guardians, and executors.

Types of assets covered in an Idaho will

The type of assets covered in an Idaho will are probate assets. While probate assets undergo probate, a person can get non-probate assets transferred to them without needing a probate process.

Can I revoke or change my will in Idaho?

Yes, you can revoke or change your will in Idaho.

How do you revoke or change your will in Idaho?

Revocation or changing of a will is permissible in Idaho at any given moment and can be achieved by:

1. Burning, shredding, canceling, obliterating, or destroying the will to revoke it; or
2. creating a new will that explicitly revokes the previous one or contains conflicting provisions to the previous one.

Revoking your current will and creating a new one to modify it is advisable. Nevertheless, if you have only minor modifications to implement, you can include an amendment to your current will, referred to as a codicil.

Can I make a digital or electronic will in Idaho?

Yes, you can make a digital or electronic will in Idaho. Idaho allows electronic wills (e-wills). An electronic will may be created, signed, and witnessed in a digital format, eliminating the need for printing. Establishing the necessary conditions for making a legally binding electronic will can be intricate, and the idea is still relatively novel. Consequently, electronic wills are still not in widespread use.

Who can witness a will in Idaho?

Individuals 18 years of age or older who possess the necessary competence to serve as witnesses are eligible to act as witnesses to a will. Furthermore, the legislation additionally stipulates that a will or any provision within it is not invalidated because a witness with a vested interest signed it, i.e., an interested witness. A general recommendation is that the witnesses to the will should be “disinterested,” meaning they should not be beneficiaries.

Interested witnesses include heirs, devisees, children, spouses, creditors, beneficiaries, and any other individuals who possess a property right in or have a claim against the estate. Furthermore, this additionally includes individuals who have priority for appointment as executors or personal representatives, as well as other fiduciaries who represent interested parties.

Should my will name an Executor?

Yes, your will should name an executor. Failure to specify an executor in your will may lead to the court choosing an executor who may not match your intended choice.

What are the Idaho will executor requirements?

It is imperative that the person who is designated to serve as your executor have the following qualities:

1. Age

An individual must be at least 18 to be eligible.

2. Sound mind

In addition, the individual must be of sound mind, meaning a court has not deemed them incapacitated.

An executor is the one who assumes responsibility for managing the decedent’s estate. They are designated through a valid will and are then appointed to that role by a court order administered during the probate procedure. This order and other court-issued papers prove that this person has the legal power to seize all your estate’s money, property, and other assets. This individual must then settle the estate’s financial obligations and expenditures. Upon completion, the executor allocates the remaining funds, property, and estate assets to the beneficiaries.

What happens to a will after death in Idaho?

After death, the will is located in Idaho, and once the executor has all the prerequisite documents, they file a petition with the probate court.

What is the impact of marriage and divorce on your Idaho will

In Idaho, a later marriage does not impact a will; however, a spouse may have some rights under Idaho’s legislation governing an omitted spouse. According to the law in Idaho, an omitted spouse in the will is entitled to the same portion of the inheritance as they would have gotten if the decedent had no will. When a person passes away without leaving a will, they are said to have died intestate, and the laws governing intestacy apply. According to the statutes governing intestacy, a spouse has the legal right to receive all of the communal property that the decedent left.

Upon a divorce between you and your spouse, or if the court finds your marriage illegal, Idaho law invalidates any provision in your will that bequeaths property to your spouse or designates your spouse as your executor. This rule is not applicable if you explicitly specify in your will that divorce should not impact the provisions outlined in your will or if you enter into a new marriage with your spouse. In the state of Idaho, if you and your spouse are legally separated but have not yet become divorced, and you pass away without leaving a will, your spouse will not be entitled to your property.

Do all wills in Idaho have to go through probate?

Yes, all wills in Idaho have to go through probate since a declaration of the will’s validity and the appointment of the executor specified in the will both need the use of the probate process. However, not all estates have to undergo probate.

Is Idaho a community property state?

Yes, Idaho is a community property state. Within a community property state, marital property refers to any assets obtained throughout a marriage. The parties divide all marital property equally upon a divorce or legal separation. In the event that a spouse dies without a will, the surviving spouse is entitled to receive all the community property. Where there are no children, the spouse will inherit all separate property or one-half of the separate property if there are children. A couple can choose the specifics of their property ownership by entering into a prenuptial or other agreement before or during the marriage.

How is Idaho intestate succession done?

A surviving spouse is entitled to inherit all of the community property and one-half of any separate property acquired by the decedent. Any remaining half of the separate property will be distributed among the decedent’s children, parents, or other heirs, if any. Without any living children, parents, or other intended beneficiaries of the decedent, the spouse inherits the entire property.

How is estate and inheritance tax in Idaho done?

Idaho does not levy state inheritance and estate taxes. Otherwise referred to as the “death tax,” the estate tax is levied on the assets of a decedent individual. It is imposed before the assets are distributed to the selected heirs. Only estates with a prescribed value are liable to the estate tax. The precise threshold varies depending on the authority responsible for imposing the tax. Once an estate has been dispersed to the allocated beneficiaries, the inheritance tax is levied.