Detailed Answer
When a loved one dies in Idaho, you must file the original will—or if the original is already on file, a certified copy—with the probate clerk in the county where the decedent resided. Idaho Code § 15-3-304 requires anyone holding a will to deposit it with the court clerk within 14 days of being served with notice of death. See Idaho Code § 15-3-304 (Deposit of Wills).
1. Locating the Original Will
Search personal effects, safe-deposit boxes (you may need a court order for access), or the decedent’s attorney. If you learn the will is already on deposit with the probate clerk, contact that clerk’s office to request a certified copy. You must pay any applicable copying and certification fees.
2. Filing the Will with the Probate Petition
Prepare and file a probate petition along with the original will or certified copy. Idaho Code § 15-3-305(1) states that the court may not admit a will to probate unless the original is delivered and filed with the petition. See Idaho Code § 15-3-305 (Proof and Admission of Wills). The clerk will date-stamp the will, assign a probate case number, and keep the original as part of the estate file.
3. Admitting a Copy If the Original Is Missing
If the original cannot be found after a diligent search, file an affidavit explaining your efforts. You may petition to admit a copy of the will under Idaho Code § 15-3-306. The court will require testimony from at least one subscribing witness or clear and convincing evidence of the decedent’s intent.
Disclaimer: This article provides general information about Idaho probate law. It does not constitute legal advice. Consult a licensed Idaho attorney to discuss your specific situation.
Helpful Hints
- Contact the probate clerk’s office in the decedent’s county for specific forms and fees.
- Keep detailed records of all searches for the original will, including safe-deposit access attempts.
- Prepare witness affidavits early in case the original will is lost.
- Ask the clerk for certified copies of filed wills if you cannot locate the original.
- Consider consulting a probate attorney if you face disputes or complex asset distributions.