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Last Will and Testament Template - Idaho
An Idaho Last Will and Testament is a legal document written in order to set forth how an individual wishes their property to be distributed upon their death. It is also the document used for naming a guardian for any minor children or dependants the individual may have.
Certain Idaho-specific formalities must be followed when creating a Last Will or making changes to an existing one. If these are not observed one of two things can happen:
- When an individual dies without leaving a legal will their property and assets pass to their heirs according to the Idaho intestacy law.
- The estate may pass to the individual's beneficiaries under the terms of a prior will if it exists, can be located, and considered valid.
The Idaho Last Will is defined by § 15-1-201(56) and regulated by Title 15 of the Uniform Probate Code . The will is to be signed by at least two (2) witnesses. Download a ready-made form below or make your own Will with our online template.
What Is a Last Will and Testament in Idaho?
A Last Will and Testament is a legal document that is written by a Testator to ensure that their estate will be distributed according to their wishes after their death. A Testator has to comply with certain requirements in order to be able to create a will.
- Age. A person must be over the age of 18 or an emancipated minor to legally be able to make a will.
- Testamentary capacity. A Testator must be of sound mind when composing their will. Having testamentary capacity means that the Testator has an understanding of what they are signing and are aware of the general nature and amount of property they own.
- Witnesses. All Last Wills must be signed and certified by a notary. Most states also require a legal will to be witnessed by least two people present during the signing of the document.
How to Write a Will and Testament in Idaho?
Each state has its specific requirements that a Last Will must meet to be legally acknowledged. A Testator is free to choose what to include in their will. The basic instructions for creating a will in Idaho are as follows:
- The Testator must make a list of the people that they would like to elect as beneficiaries.
- The Testator should then create an inventory of all assets (real estate, vehicles, bank accounts) and calculate their worth.
- The money and property must then be split between the selected beneficiaries.
- A portion of the assets that will go towards paying inheritance tax, mortgages and funeral costs should be calculated and included in the will.
In most cases, it is best practice to select an Executor - a person that carries out a Testator's wishes in accordance with the will. Any adult 18 years or older and that has never been convicted of a felony can be an Executor for a will.
Download Last Will and Testament Template - Idaho
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