Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
Before you file a probate petition in Idaho, you must locate the decedent’s original will and any codicils. Idaho law treats a codicil as part of the original will. Below are steps to find and verify these documents under Idaho Code.
-
Search Personal Records and Property
Check the decedent’s home, office, safe deposit boxes, file cabinets and personal safe. Look for labeled folders, envelopes, binders or digital trackers (spreadsheets or password managers) that reference “Will,” “Estate” or “Final Wishes.”
-
Contact the Decedent’s Attorney or Estate Planner
Many people leave their original wills with the lawyer who drafted them. Call firms that handled trusts, real estate or elder‐law matters for the decedent. Ask whether they hold an original will or codicil.
-
Inquire with Banks or Trust Companies
Idaho Code §15-3-501 allows a testator to deposit an original will with the clerk of the district court, but some also store originals in bank safe deposit boxes. Request access to the decedent’s safe deposit records. If a box was jointly held, you may gain entry upon death. Otherwise, you may need a court order. See Idaho Code §15-3-513.
-
Search Court Records for Deposited Wills
Under Idaho Code §15-3-501, a testator may deliver an original will to the clerk of the district court in the county where the testator resides. Contact the clerk’s office in the decedent’s last county of residence to ask whether an original will or codicil was filed for safekeeping. Idaho Code §15-3-501.
-
Verify Authenticity and Completeness
Once you find the document, confirm it is the most recent version:
- Check dates on the will and any codicil. The later date controls.
- Look for the testator’s original signature and witness attestations.
- Ensure no later documents revoke or amend the will. Search for handwritten notes or other codicils.
-
Handle Lost or Destroyed Originals
If you cannot locate the original, Idaho Code §15-3-505 allows you to prove a lost or destroyed will by clear and convincing evidence, including witness testimony about the will’s contents and execution. Idaho Code §15-3-505.
Helpful Hints
- Keep a record of whom you contact and when. Document phone calls, letters and emails in case you need to show due diligence.
- Ask family members and close friends if they ever saw or handled the will. Someone may recall a storage location.
- Check for digital copies or scans to confirm the document’s language before you locate the original.
- If you encounter a locked safe deposit box, consider obtaining a probate court order to open it. Idaho Code §15-3-513 governs access.
- Photograph or scan the original will and codicils for your personal file before filing for probate, but plan to present the original to the court.