At Foley Freeman, PLLC, our Boise attorney for wills provides solutions-focused guidance and support to clients. As an honest, loyal, and community-focused law firm, we provide a full range of estate planning services. Our firm drafts, reviews, and revises wills. If you have any questions about wills, we can help. Contact us today for a fully confidential, no obligation initial consultation with a top Boise estate planning lawyer. 

Know the Requirements for a Will in Idaho

If you are an adult in Boise, Ada County, or elsewhere in the region, you should have a will. It is a foundational estate planning document. Wills in Idaho are governed by Title 15 of the Idaho Code (Uniform Probate Code). A will must be in writing, signed, and witnessed by at least two competent people. Further, you must be at least 18 years old and of sound mind at the time of drafting. Idaho also recognizes holographic wills, which are handwritten and signed by the testator, even if unwitnessed, as long as material portions are in the testator’s handwriting. Oral wills are not valid. It is always best to have a professionally drafted will. Your Boise estate planning lawyer will ensure that all of the state’s requirements are met.

Common Provisions in a Will

A will should be customized to meet your unique needs. With that being said, there are provisions that are common in wills in Boise. Here is an overview of typical things you will find in a will: 

  • Appointment of an Executor: Who is going to manage your estate? Your will should answer the question. The document should name a personal representative. 
  • Distribution of Property: A will should also identify beneficiaries and specify how real estate, personal property, and financial accounts are to be distributed.
  • Guardianship for Minor Children: Parents need a will. They should use it to designate who will care for minor children if both parents are deceased or otherwise cannot provide care. 
  • Specific Bequest: A will may direct certain items, such as family heirlooms, to specific people. It can provide clarity and help to avoid conflict among heirs.

Your Will Should Be Reviewed Periodically

A will is not a static document. Life changes, and your will can (and should) change along with it. For that reason, a will should be reviewed after major life events such as marriage, divorce, birth of a child, or significant changes in financial circumstances. Idaho law may revoke provisions automatically in certain situations, such as divorce, but relying on statutory changes creates uncertainty that is not good enough for you and your family. 

How Our Idaho Estate Planning Attorney Can Help 

Wills are complicated. They must be properly drafted. There are a lot of risks associated with taking the do-it-yourself (DIY) approach to estate planning. At Foley Freeman, PLLC, we put clients first. You can learn more about the firm and contact us directly with any specific questions. Among other things, our Boise estate planning attorneys are prepared to: 

  • Answer your questions about wills and estate planning more broadly; 
  • Help you draft a customized will that most effectively achieves your goals; and
  • Provide comprehensive estate planning support to ensure you are protected. 

Wills in Boise: Frequently Asked Questions (FAQs) 

Do I need a lawyer to make a will in Boise?

It is recommended but not required by law. Still, there are many risks associated with a DIY will, including one made with a template. Professional guidance can ensure that your rights and interests are protected. 

What happens if I die without a will in Idaho?

Your estate will pass under Idaho intestacy laws. Property typically goes first to your spouse and children. If no close relatives exist, a distant family member may be your heir. Still, without a will or other estate planning provisions in place, you will lose control of your own property. 

Are holographic wills valid in Idaho?

Yes, Idaho recognizes holographic wills under Idaho Code § 15-2-502. The material provisions must be in the testator’s handwriting and signed by the testator. Witnesses are not required if these conditions are met. With that being said, there are a lot of risks to using a handwritten will. It is better to have a will formally drafted by a Boise attorney. 

Contact Our Boise, ID Will Attorney Today

At Foley Freeman, PLLC, our Boise will attorney is a knowledgeable, diligent, and solutions-focused advocate. We can help you put a customized will in place. If you have any questions about wills, please do not hesitate to contact us today for your confidential initial consultation. We provide estate planning services in Boise, Ada County, and throughout the region in Idaho.