Is An Online Will Legally Valid in Idaho?

Idaho treats an online will the same as any other, once you've executed it correctly. Here's what that involves.

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FeedingBird makes sure you don't miss any of the steps it takes to make it legal. Don’t worry, we walk you through every step.

What Makes an Online Will Legally Valid in Idaho?

Idaho is one of the more flexible states for online wills. It's one of a small number of states that recognizes electronic wills, meaning a will can be created, signed, and witnessed entirely online. It also recognizes traditional printed wills signed by two witnesses, with no notary required for validity.

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Idaho also recognizes holographic, or handwritten, wills with no witnesses at all, as long as the signature and the material provisions are in the testator's own handwriting.

What You Need to Know about Online Wills in Idaho

Idaho Property Laws

Idaho is a community property state. Property acquired during the marriage generally belongs equally to both spouses, so your spouse already owns half of it. Only your separate property, meaning what you owned before marriage or received as a gift or inheritance, plus your half of the community property, is affected by your will.

Idaho Probate

All wills go through probate in Idaho unless the personal property is valued at $100,000 or less, in which case a small estate affidavit is available 30 days after death. Otherwise, a trust is typically needed, especially for real estate, since Idaho doesn't allow transfer-on-death deeds. Idaho has no state estate or inheritance tax.

Avoiding Probate in Idaho

• Put your assets in a revocable living trust, which offers you protections of full control and privacy over your estate as the trustee. You name a successor trustee. This will designate a person who will manage the distribution of assets after you pass.

• Name beneficiary designations on financial and retirement accounts, which identifies new owners for those accounts.  

• Make sure to establish joint ownership with right of survivorship, or title real estate as community property with right of survivorship.

• Remember that Idaho does not allow transfer-on-death deeds for real estate, unlike most neighboring states, so a home needs a trust or joint ownership to avoid probate.

Hoping to learn more about trusts in Idaho? Review what you’ll need to establish a living trust.