How to Create a Will in Idaho

By Brian Richards

Wills do not need to contain magic language to be a valid legal document. As long as your will complies with Idaho laws regarding will creation, your will is likely valid. For this reason, a testator -- the person who is drafting a will -- may create his own estate plan without the aid of an attorney. An attorney is, however, useful in making sure you comply with all of Idaho's formalities. Idaho also allows holographic wills -- wills that are written in the testator's own handwriting and signed at the bottom -- which have fewer formal requirements.

Step 1

Create a new, blank document either in a word processing program or on a physical sheet of paper. In Idaho, all wills must be in writing and must be in ink.

Step 2

Identify the purpose of the document, such as by titling it "Last Will and Testament."

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Step 3

Identify yourself by name, city and state of residency, birth date, and birthplace. Include a statement describing your marital status, including the name of your spouse or most recent former spouse. Provide dates for marriage or divorce as appropriate. Identify the number of children you have, if any, and supply their names.

Step 4

Select an individual whom you trust to act as your personal representative. His duties will begin after your death, and he will be responsible for managing your estate and giving your property to your beneficiaries. Write a statement appointing your chosen person by name as your personal representative, and supply one or two additional names as individuals who may serve as backup in the event your first choice cannot or chooses not to serve as your representative.

Step 5

Carefully describe your personal property and your intended beneficiary. The more detailed your descriptions, the more likely the court will recognize your dispositions. For instance, write "I give my house at 123 Oak Street, Cityname, Idaho, to my daughter, Jane Doe."

Step 6

Write your name, current city and state of residence, and date at the bottom of your will. Include lines for your signature and the names, addresses and signatures of at least two witnesses.

Step 7

Sign the will in the presence of at least two witnesses. After you have signed, have your witnesses write their names and addresses on the lines you created. Finally, have the witnesses sign the will.

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How to Make a Will Without a Lawyer



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Rules About Wills

Your will explains to those you leave behind how you want them to deal with your property when you die. It also allows you to appoint someone you trust to handle your estate, as well as to appoint a guardian for your minor children. Although there is no set form for wills across all states, a few basic rules can make a will valid in the eyes of a probate court.

How to Execute Wills

States impose few restrictions on who can make a will -- any adult who is of age and able to reason qualifies. Testators in some states can disinherit spouse and children, as long as they use clear language, however many community property states require that a spouse get a share of the property. States are picky about executing wills, and the term "execution of a will" actually describes how a will must be signed. Consulting with an attorney can ensure that the process is handled correctly, and in accordance with state laws.

How to Nullify an Executor on a Will

If you want to nullify the executor on your will, you can amend your will by executing a codicil. Codicils are suitable for making minor changes such as removing an executor and naming a new one. However, if there are other portions of your will you want to change, it's advisable to make a new will that unequivocally and expressly revokes your existing will.

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