State requirements
Making a will in Idaho
Idaho requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Idaho adopted the Uniform Probate Code (UPC). Idaho recognizes holographic wills. Idaho is a community property state.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Idaho Code § 15-2-501 | 18+ and of sound mind |
| Execution Requirements | Idaho Code § 15-2-502 | Written, signed, 2 witnesses |
| Holographic Wills | Idaho Code § 15-2-502 | Material portions handwritten |
| Self-Proving | Idaho Code § 15-2-504 | Available with affidavit |
| Community Property | Idaho Code § 32-906 | Marital property rules |
Execution Requirements
IDAHO WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Community Property State
IDAHO COMMUNITY PROPERTY:
- Property acquired during marriage is community property
- Each spouse owns 50%
- Can only dispose of your 50% share by will
- Separate property freely disposable
Checklist for Idaho Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
- •[ ] Community property properly identified
Idaho will questions, answered
Can I make a will online in Idaho?
Yes. Idaho does not require a lawyer to draft a will. A will created online is valid in Idaho when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Idaho?
Idaho requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Idaho require a will to be notarized?
No. Witnesses make a will valid in Idaho, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Idaho?
Yes, Idaho recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Idaho?
A valid Idaho will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Idaho is a community property state.
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Start my will — $29This page is general information about Idaho law, not legal advice. Statutes change — verify current requirements or consult a licensed Idaho attorney for complex situations.