How to Probate an Unwitnessed or Unnotarized Will in Idaho
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Idaho for guidance on your specific situation.
Detailed Answer
Under Idaho law, a valid will generally must be signed by the testator in the presence of two credible witnesses who sign in the testator’s presence (I.C. § 15-2-502). Notarization is not required but is common for self-proving affidavits.
If your will lacks witness signatures, you can still seek probate in one of two ways:
- Holographic Will Admission: Idaho recognizes entirely handwritten and signed wills as valid without witnesses (I.C. § 15-2-503). To qualify, every material provision and the signature must be in the testator’s handwriting.
- Admissibility of a Copy or Lost Will: If the original is unwitnessed or missing, you may petition the court to admit a copy. You must prove the original’s contents and that it was not revoked (I.C. § 15-3-202).
Once you have a will that meets one of the above criteria, follow the probate process under Idaho Code Chapter 3:
- File a Petition: Submit a petition for informal probate and appointment of a personal representative to the district court in the county where the decedent lived (I.C. § 15-3-201).
- Include Required Documents: Attach a certified death certificate, the will (original or copy), and any witness or handwriting affidavits.
- Provide Notice: Serve notice on interested parties—heirs, beneficiaries and creditors—per Idaho Rule of Probate Procedure 5.
- Attend the Hearing: The court will review formalities, any objections, and decide on admission.
- Obtain Letters of Appointment: If admitted, the court issues letters testamentary or letters of administration, empowering the personal representative to settle the estate.
If the court finds no valid will, the estate will pass by intestate succession under Idaho Code § 15-2-101 (I.C. § 15-2-101).
Helpful Hints
- Review the will carefully to confirm it meets holographic requirements before filing.
- Gather affidavits from any witnesses or individuals familiar with the testator’s handwriting promptly.
- Check local court clerks’ offices for county-specific probate forms and fees.
- Serve all required notices on heirs and creditors to avoid delays or objections.
- Keep organized records of all filings, notices and correspondence with the court.