Making a Valid Will in Idaho

Part of my Idaho Wills & Probate Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Wills & ProbateTopic 1 of 15: Making a Valid Will

A will lets a person decide who receives his or her property at death and who should settle the estate (Idaho Code §§ 15-3-101, 15-3-102). In the Idaho Code, a will is a testamentary instrument, and the term includes a codicil and any instrument that merely appoints an executor or revokes or revises another will (§ 15-1-201(56)). The person who makes a will is called the testator.

Idaho law sets out who may make a will and how a will must be signed and witnessed. This page covers those rules, including handwritten, self-proved, and electronic wills.

Who Can Make a Will in Idaho

Any emancipated minor, or any person eighteen (18) or older who is of sound mind, may make a will (Idaho Code § 15-2-501). For probate purposes, an “emancipated minor” means any male or female who has been married (§ 15-1-201(15)).

Signing and Witness Requirements

Unless an exception applies, every will must meet three requirements (Idaho Code § 15-2-502):

1. It must be in writing.
2. It must be signed by the testator, or signed in the testator’s name by another person in the testator’s presence and by the testator’s direction.
3. It must be signed by at least two (2) witnesses, each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.

The exceptions listed in the statute are holographic wills, separate writings under section 15-2-513, wills that are valid under the choice-of-law rule in section 15-2-506, and anything provided in section 51-109 of the Idaho Code (§ 15-2-502). Section 51-109 is in Title 51 and is not described in this overview.

Who May Serve as a Witness

Any person eighteen (18) or older who is generally competent to be a witness may witness a will (Idaho Code § 15-2-505(a)). A will, or any part of it, is not invalid just because it is signed by an interested witness (§ 15-2-505(b)).

Handwritten (Holographic) Wills

A will that does not meet the signing and witness rules can still be valid as a holographic will. This applies whether or not it was witnessed, if the signature and the material provisions are in the testator’s handwriting (Idaho Code § 15-2-503).

Self-Proved Wills

A self-proved will is one that carries the testator’s sworn acknowledgment and the witnesses’ sworn affidavits. Any will may be signed, witnessed, and made self-proved at the same time. This is done by the testator’s acknowledgment and the witnesses’ affidavits, each made before an officer authorized to administer oaths under the laws of the state where the will is signed, and shown by the officer’s certificate under official seal (Idaho Code § 15-2-504(1)).

The statute provides the form, which must be followed in substance. In it, the testator declares that he or she signs willingly (or willingly directs another to sign), as a free and voluntary act, and is eighteen (18) or older, of sound mind, and under no constraint or undue influence (Idaho Code § 15-2-504(1)). The witnesses swear that they signed in the presence and hearing of the testator and that, to the best of their knowledge, the testator meets those same conditions (§ 15-2-504(1)).

A will that was already signed and witnessed can be made self-proved at any later time. The testator and witnesses make the acknowledgment and affidavits before an authorized officer, and the officer’s certificate is attached to the will in the form set out in the statute (Idaho Code § 15-2-504(2)). A will may also be executed and made self-proved in compliance with section 51-109 of the Idaho Code (§ 15-2-504(3)).

Why a Self-Proved Will Matters

In a contested formal testacy proceeding, if a will is self-proved, the signature requirements are conclusively presumed to have been met. The other requirements for signing are presumed met, subject to rebuttal, without testimony from any witness once the will and its acknowledgment and affidavits are filed, unless there is proof of fraud or forgery (Idaho Code § 15-3-406(b)).

If a will is not self-proved and evidence about its signing is needed in a contested case, the testimony of at least one (1) attesting witness is required, if a witness is in Idaho and is competent and able to testify. Proper signing may also be proved by other evidence (Idaho Code § 15-3-406(a)). For more on contested cases, see Will Contests.

In informal probate, a will that appears to have the required signatures and has an attestation clause showing the signing rules were met is probated without further proof (Idaho Code § 15-3-303(c)). In other cases, the registrar may assume proper signing if the will appears properly executed, or may accept a sworn statement from anyone who knows the circumstances of the signing (§ 15-3-303(c)).

Wills Signed in Another State or Country

A written will is valid in Idaho if it meets Idaho’s rules for a witnessed or holographic will (Idaho Code § 15-2-506). It is also valid if its signing complied with the law, at the time of signing, of any of these places (§ 15-2-506):

• The place where the will was signed; or
• The place where the testator was domiciled, had a place of abode, or was a national, either when the will was signed or at death.

Electronic Wills

Idaho has adopted the Uniform Electronic Wills Act (Idaho Code § 15-2-1101). An electronic will is a will for all purposes of Idaho law, and Idaho’s law on wills applies to it except as the Act changes it (§ 15-2-1103). The Act applies to the will of a person who dies on or after January 1, 2020 (§ 15-2-1111).

An electronic will must meet all of these requirements (Idaho Code § 15-2-1105(1)):

• It must be a tamper-evident electronic record that is readable as text when it is signed. “Tamper-evident” means evidence of any change to the record is preserved (§ 15-2-1102(8)).
• It must be signed by the testator, or by another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction.
• It must be signed by at least two (2) witnesses in the testator’s physical or electronic presence. Each witness must be a resident of a state at the time of signing and must sign within a reasonable time after witnessing the testator’s signing or the testator’s acknowledgment of the signing or of the will.

“Electronic presence” means two (2) or more individuals in different locations communicating in real time by communication technology (Idaho Code § 15-2-1102(3)). Communication technology includes a device or process that lets people communicate at the same time by sight and sound (§ 15-2-1102(1)).

Electronic Wills Signed Under Other Law

A will signed electronically that does not meet Idaho’s electronic will requirements is still an electronic will under the Act if it complies with the law of the place where the testator was physically located when signing. It also qualifies if it complies with the law of the place where the testator was domiciled or resided when the will was signed or at death (Idaho Code § 15-2-1104).

Self-Proving an Electronic Will

An electronic will may be signed, witnessed, and made self-proved at the same time, in the same way as other wills under section 15-2-504(1) (Idaho Code § 15-2-1108(1)). The later self-proving procedure of section 15-2-504(2) does not apply to electronic wills (§ 15-2-1108(2)).

The witnesses’ affidavit may replace the phrase “presence and hearing” with “physical or electronic presence” (Idaho Code § 15-2-1108(3)). The acknowledgment and affidavits must be tamper-evident electronic records attached to or logically associated with the electronic will at the time of, or within a reasonable time after, they are signed (§ 15-2-1108(4)).

Paper Copies and Filing

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that it is a complete, true, and accurate copy. The certified copy must include all records attached to or logically associated with the electronic will (Idaho Code § 15-2-1109(1)). For the probate filing provisions in sections 15-3-303(a)(5) and 15-3-402, an electronic will sent to the registrar or court by electronic filing or other electronic means is the original of the electronic will (§ 15-2-1109(2)).

Documents a Will Can Refer To

• Existing documents: any writing that exists when a will is signed may be incorporated by reference if the will shows that intent and describes the writing well enough to identify it (Idaho Code § 15-2-510).
• A list of tangible personal property: a will may refer to a written statement or list to dispose of tangible personal property not otherwise specifically disposed of by the will. It cannot cover money, evidences of indebtedness, documents of title, securities, or property used in a trade or business. The writing must be in the testator’s handwriting or signed by the testator, and it must describe the items and recipients with reasonable certainty (§ 15-2-513).
• Outside events: a will may dispose of property by reference to acts and events that have significance apart from the will, whether they happen before or after the will is signed or the testator dies (§ 15-2-512).
• Gifts to a trust: a will may validly leave property to the trustee of a trust that meets the statute’s requirements (§ 15-2-511). See Pour-Over and Testamentary Trusts.

The list of tangible personal property may be prepared before or after the will is signed (Idaho Code § 15-2-513). For how Idaho courts read the terms of a will, see How Wills Are Interpreted.

After the Testator Dies: The Original Will

After the testator’s death, anyone who has custody of the will must deliver it with reasonable promptness to a person able to secure its probate. If no such person is known, it must go to an appropriate court (Idaho Code § 15-2-902).

A person who willfully fails to deliver a will is liable for damages to anyone harmed by the failure. A person who willfully refuses or fails to deliver a will after a court orders delivery is subject to contempt of court (Idaho Code § 15-2-902).

In informal probate, the registrar must determine that an original, duly executed, and apparently unrevoked will is in the registrar’s possession (Idaho Code § 15-3-303(a)(5)). For the probate process itself, see Informal vs. Formal Probate.

Idaho’s Will Registry

The Idaho secretary of state keeps a will registry. It lists the full name of the person making the will, the date the will was made, and enough information to identify where the will was located when registered (Idaho Code § 15-2-1001). Registration is made on a form required by the secretary of state, and the registration fee is $10.00 (§ 15-2-1001).

Failing to file information about a will in the registry is not a factor in the will’s validity (Idaho Code § 15-2-1001). Whether or not a will was registered is not evidence in any proceeding about that will (§ 15-2-1001). Only interested persons, as defined in section 15-1-201, or their attorneys may search the registry (§ 15-2-1001).

Once a will is made, it can be changed or revoked. See Changing or Revoking a Will.

How I Can Help

I prepare wills for Idaho residents and make sure they are signed, witnessed, and, when appropriate, made self-proved in the way the Idaho Code describes. I can also review an existing will, including a handwritten or out-of-state will, and explain how Idaho’s execution rules apply to it. Request a consultation to discuss your situation.

This page provides general information about Idaho wills and probate, based on the Idaho Code, and is not legal advice. Court rules and case law also affect these matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.