Create an Idaho Last Will and Testament with our customizable template!
In the State of Idaho, a Last Will and Testament is a document that ensures that a person, known as a Testator, can legally pass their belongings, property, and assets down to the beneficiary or beneficiaries of their choice when they pass away. A Will must be signed by the Testator as well as two witnesses. The purpose of the witness signatures is to certify that the Testator is of a sound mind when the document was both created and executed. Once executed, the document should be kept in a secure location that protects it from being tampered with while also ensuring that it is easy to access when it is needed.
Definition of Will - §15-1-201(56)
Laws - Title 15 (Uniform Probate Code)
Witnesses - According to §15-2-502 the Will must be signed by two (2) witnesses.
Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.
Step 2 - Provide your city and county of residence.
Step 3 - Specify your marital status from one of the following choices:
If you do not identify as single, provide the name of your spouse.
Step 4 - If you have any children, pets, property, or life insurance policies, provide that information here.
Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.
Step 6 - State the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or you can name your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should you die while they are still minors, provide the following information below (as well as your alternate and conservative’s information).
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that in order for your will to be legally recognized, it must be signed by you in the presence of your witnesses.
It is important to create a last will and testament in the State of Idaho if you wish to distribute any assets or property to family or loved ones or make any charitable donations upon your death. Guardianship of any minors or dependents can also be included in a will.
According to Idaho laws, a last will and testament is not legally required. Without one, any disbursement of assets or dependent guardianship will be determined by the probate court. When creating a will, it is important to name an executor who will be responsible for carrying out the wishes that are outlined in the will. If an executor is not chosen, the courts will determine one for you. Idaho wills also allow for pet trusts to be created. For small estates worth less than $100,000, or if there is a surviving spouse, the probate process can be simplified.
If someone dies without a will, Idaho intestacy laws state that property will be distributed to a surviving spouse dependent on how the property was owned and whether or not the deceased has any surviving dependents. If there is no surviving spouse or dependents, the estate would go to the next closest relative. Any property jointly owned or any community property cannot be included in a will and will go directly to a surviving spouse. If there is no spouse or dependents and if no relatives are located, the assets will be absorbed by the state.
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