Idaho

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§15-2-501, et seq.

Operative Facts

1. Declarant must be of sound mind
2. Declarant must be emancipated minor or 18 years old or older
3. document must be voluntarily made
4. 2 witnesses must sign
5. not enforced during course of pregnancy

Age of Testator

18 years or older or any emancipated minor and of sound mind

Number of Witnesses Required

Signed by two or more persons 18 yrs. or older, each of whom witnessed either the signing or testators acknowledgment of the signature or of the will

Oral Will Recognition

Not recognized

Holographic Will Recognition

Any will that does not comply with subsection (a) is valid as a holographic will, whether or not witnessed, if the signature and material portions of document are in the testators' handwriting.