Idaho Estate and Personal Planning FormsIncluding Will, Power of Attorney and Living Will, Estate Planning Questionnaire and Worksheets. Complete legal Information. |  |
Idaho Estate Law Summary
Note: You can also Access a Personal Planning Package for the State of Idaho. or Prepare a Will OnlineNote:This summary is not intended to be an all inclusive discussion of the law of wills in Idaho, but does contain basic and other provisions. This summary does not discuss hand written wills.
Who may make a will: Any emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will. 15-2-501
Execution: Every will shall be in writing, signed by the testator and shall be signed by at least two (2) persons each of whom witnessed the signing by the testator. 15-2-502.
Who may witness a will: Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will. A will or any provision thereof is not invalid because the will is signed by an interested witness. 15-2-505
Choice of law as to execution: A written will is valid if executed in compliance with the laws of Idaho, or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national. 15-2-506.
Revocation by writing or by act: A will or any part thereof is revoked:
(a) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or
(b) By being burned, torn, canceled, obliterated or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence and by his direction.
(c) The revocation of a will executed in duplicate may be accomplished by revoking one (1) of the duplicates. 15-2-507.
Note: Click Here for a Personal Planning Package for Idaho.
Revocation by divorce: If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. 15-2-508.
Incorporation by reference: Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 15-2-510.
Separate writing identifying bequest of tangible property: A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. 15-2-513.
Description - Idaho Life Documents Planning Package, including Will, Power of Attorney and Living Will
The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.
This package contains the following forms:
- Last Will
- General Durable Power of Attorney
- Statutory Durable Power of Attorney for Health Care
- Statutory Living Will
- Estate Planning Questionnaire and Worksheets
- Personal Planning Information and Document Inventory Worksheets
Detail Information on each form:
- Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
- General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
- Statutory Form of Durable Power of Attorney for Health Care - This Power of Attorney for Health Care is specifically provided for in the Idaho statutes. Its purpose is to give the person you designate (your agent) broad powers to make health care decisions for you, including the power to require, consent to, or withdraw any type of personal care or medical treatment.
- Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
- Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet form is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
- Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.