Idaho Last Will and Testament

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Idaho Last Will and Testament

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Last updated June 5th, 2026

An Idaho last will and testament is a legal document that sets out how an individual wants their property to be divided after their death. In many cases, the will names an executor who will be responsible for handling the estate and ensuring that the individual’s final wishes are carried out.

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An Idaho last will and testament is a legal document that sets out how an individual wants their property to be divided after their death. In many cases, the will names an executor who will be responsible for handling the estate and ensuring that the individual’s final wishes are carried out.

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State Laws

  • Minimum Age – 18[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Executing a new will or destroying the document.[3] Divorce will automatically revoke any spousal disposition or appointment.[4] 

Probate in Idaho

In many cases, the will can often pass through informal probate, which does not require court appearances.

Application for Informal Probate

After their passing, the testator’s will should be delivered to an individual who can open its probate (often the executor) or file it with the Magistrate Division of the District Courts.[5] 

To begin probate, an interested party will file the Application for Informal Probate and Appointment of a Personal Representative and an Acceptance of Appointment. Both documents and a copy of the will must be filed in the county court where the decedent last resided.

The filing party will be required to deliver notice of their application to any of the decedent’s active personal representatives and all interested parties.[6] 

If the application is approved, the court will sign a Statement of Informal Probate, Appointment of Personal Representative, and Letters Testamentary to authorize the appointee to administer the estate.[7] 

The personal representative will need to inform the legal heirs and named beneficiaries of their appointment, notify creditors, file an estate inventory, pay the decedent’s debts, and then distribute the estate in accordance with the will.[8]

After six months have passed since their appointment and they have completed all the steps listed above, the personal representative can close the estate by filing a Verified Statement of Personal Representative Closing Estate.[9]

Small Estates

The decedent’s estate can bypass probate by completing and notarizing an Affidavit for Collection of Personal Property if the following criteria are met[10]:
  • 30 days have passed since the decedent’s death.
  • The estate’s value does not exceed $100,000.
  • There is no pending or granted appointment of a representative or summary administration.
  • The estate doesn’t include real estate.

Sources

  1. § 15-2-501
  2. § 15-2-503
  3. § 15-2-507
  4. § 15-2-508
  5. § 15-2-902
  6. § 15-3-306
  7. § 15-3-302
  8. §§§§ 15-3-705,  15-3-801, 15-3-706, 15-3-807
  9. § 15-3-1003
  10. §§ 15-3-1201, 15-3-1202