How to make a will in Idaho

Idaho will requirements at a glance

How to sign a will in Idaho

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Idaho Code §§ 15-2-502, 15-2-505(a))
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Idaho Code § 15-2-504; electronic wills § 15-2-1108)
5. Store the original safely and tell your executor where it is.

Who can make a will

Anyone 18 or older and of sound mind. An emancipated minor may make a will. (Idaho Code § 15-2-501)

Witness rules

Each of the two witnesses must have witnessed either the testator's signing or the testator's acknowledgment of the signature or of the will. No presence or timing rule for the witnesses' own signatures. Witnesses must be 18 or older. Someone else may sign for the testator in the testator's presence and at the testator's direction. (Idaho Code §§ 15-2-502, 15-2-505(a))

If a witness inherits: No effect: a will or any provision is not invalid because an interested witness signed it (Idaho Code § 15-2-505(b)).

Handwritten wills

Valid whether or not witnessed if the signature and the material provisions are in the testator's handwriting (Idaho Code § 15-2-503).

Self-proving affidavit

Testator acknowledgment and witness affidavits before an officer authorized to administer oaths, at signing or later for paper wills. An electronic will can be self-proved only at signing, and the affidavit may say 'physical or electronic presence'. (Idaho Code § 15-2-504; electronic wills § 15-2-1108)

Can I sign my will online in Idaho?

Yes, electronic wills are allowed. Electronic wills only. The will must be a tamper-evident electronic record. Two witnesses sign in the testator's physical or electronic (real-time audio-video) presence, and each must be a resident of a U.S. state when signing. Someone signing for the testator must be physically present. (Uniform Electronic Wills Act, Idaho Code §§ 15-2-1101 to -1111 (S1092, 2023 Idaho Sess. Laws ch. 104))

In effect since Signed March 21, 2023; retroactive to Jan. 1, 2020 (applies to decedents dying on or after Jan. 1, 2020).

Online notarization: For electronic wills, the self-proving acknowledgment and affidavits may reflect electronic presence (§ 15-2-1108), and an Idaho notary may act for remotely located individuals under § 51-114A. Paper wills are not addressed. (Idaho Code § 51-114A (added 2019 Idaho Sess. Laws ch. 160))

Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Idaho law, and keep the signed original as the law requires. How online will signing works.

Good to know in Idaho

Idaho has no court deposit of the will itself, but the Secretary of State keeps a Will Registry: for $10 you can record that your will exists and where it is kept, and only interested persons can search it (Idaho Code § 15-2-1001).

Estate and inheritance taxes

Idaho has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Idaho will questions

Does a will need to be notarized in Idaho?

No. Two witnesses make a Idaho will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in Idaho?

Valid whether or not witnessed if the signature and the material provisions are in the testator's handwriting (Idaho Code § 15-2-503).

Can a beneficiary witness a will in Idaho?

No effect: a will or any provision is not invalid because an interested witness signed it (Idaho Code § 15-2-505(b)).

Can I make a will online in Idaho?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Idaho also allows electronic wills, and witnesses can take part by live video under conditions in state law.

Does Idaho have an estate or inheritance tax?

Idaho has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against Idaho statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Idaho attorney.