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Is an Online Will Legal in Idaho?

Idaho is one of the states where a will can be both prepared and executed online. A will prepared online, printed and signed on paper is valid under Idaho Code § 15-2-502 with the testator's signature and two witnesses who each witnessed the signing or the acknowledgment. Idaho also recognizes a fully electronic will under its Uniform Electronic Wills Act, §§ 15-2-1101 to 15-2-1111 (2023 Session Laws chapter 104): a tamper-evident electronic record, signed by the testator and by two witnesses who may be in the testator's electronic presence over live video, each a resident of a state.

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid Idaho will.

Sign it fully remotely

Recognized

Whether Idaho recognizes an electronic will executed without an in-person paper signing.

What this means for you

The remote route works only for an ELECTRONIC will, never for a paper one: a printed will witnessed over video does not meet § 15-2-502. The electronic record must be tamper-evident, and a proxy signing for the testator must be physically present. A notary is optional for either kind: it buys the § 15-2-504 self-proved will, which saves the witnesses from being called at probate, and an electronic will can only be self-proved at the signing itself (§ 15-2-1108). Idaho has no harmless-error rule to rescue a defective signing, so follow the formalities exactly. Interested witnesses do not endanger an Idaho will or their gift (§ 15-2-505(b)). An entirely handwritten will also works under § 15-2-503 if the signature and the material provisions are in the testator's own handwriting.

What Idaho Law Requires

The governing law is Idaho Code Title 15, Chapter 2, Part 5 (Wills), §§ 15-2-501 to 15-2-513, and the Uniform Electronic Wills Act, §§ 15-2-1101 to 15-2-1111. Each rule below links to the official source it was read from.

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RequirementThe Idaho ruleStatute
Who can make a willAge 18 or older, Sound mind.Idaho Code § 15-2-501
Written documentRequired.Idaho Code § 15-2-502
SignatureThe testator signs. The will may be signed in the testator's name by some other person in the testator's presence and by his direction (Idaho Code § 15-2-502). For an electronic will, § 15-2-1105(1)(b) requires the proxy to sign in the testator's PHYSICAL presence. A testator who is physically unable to sign may also direct someone other than the notary to sign under § 51-109, which § 15-2-502 cross-references.Idaho Code § 15-2-502
Witnesses2. The will must be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Idaho Code § 15-2-502). For an electronic will, the two witnesses may sign in the testator's physical OR ELECTRONIC presence, within a reasonable time after witnessing, and each must be a resident of a state at the time of signing (§ 15-2-1105(1)(c)).Idaho Code §§ 15-2-502 and 15-2-505
NotarizationNot required for validity. A self-proving affidavit is optional and speeds probate.Idaho Code § 15-2-504

Signing Day in Idaho

The will must be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Idaho Code § 15-2-502). For an electronic will, the two witnesses may sign in the testator's physical OR ELECTRONIC presence, within a reasonable time after witnessing, and each must be a resident of a state at the time of signing (§ 15-2-1105(1)(c)).

Idaho Code § 15-2-505(a): any person eighteen or more years of age generally competent to be a witness may act as a witness. For a paper will § 15-2-502 does not require the witnesses to sign in the testator's presence or in each other's; it requires each to have witnessed the signing or an acknowledgment.

The self-proving step worth adding

The statutory text has the testator swear to being eighteen or older. For an electronic will, § 15-2-1108(3) lets the witnesses' affidavit say physical or electronic presence instead of presence and hearing, and the acknowledgment and affidavits must themselves be tamper-evident records logically associated with the will. Timing: Either at execution, under Idaho Code § 15-2-504(1), or at any later time for an attested paper will, under § 15-2-504(2). An electronic will can be made self-proved only at execution (§ 15-2-1108(2))..

Choose witnesses carefully

None. Idaho Code § 15-2-505(b): a will or any provision thereof is not invalid because the will is signed by an interested witness. Idaho carries no purging or intestate-share cap on a beneficiary-witness's gift.

Shortcuts Idaho Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Idaho Code § 15-2-503: a will which does not comply with § 15-2-502 is valid as a holographic will, whether or not witnessed, if the SIGNATURE and the MATERIAL PROVISIONS are in the handwriting of the testator. There is no date requirement.

This is the original 1971 UPC text and it has never been amended. What is not optional is the handwriting: a typed, unwitnessed will fails § 15-2-502 and cannot be saved by § 15-2-503, and Idaho did not enact a harmless-error rule for paper wills. (Idaho Code § 15-2-503)

Oral wills

No

IDAHO HAS NO NUNCUPATIVE OR ORAL WILL. Idaho Code § 15-2-502 states its exceptions exhaustively (holographic wills, § 15-2-513 writings, § 15-2-506 wills and § 51-109) and every one is a writing or a rule about who signs a record. The Title 15 catchlines were enumerated in full on 2026-09-24 and none contains 'nuncupative' or 'oral'. A deathbed instruction to a family member has no testamentary effect in Idaho. (Idaho Code § 15-2-502)

Electronic wills

Yes

Idaho adopted the Uniform Electronic Wills Act as §§ 15-2-1101 to 15-2-1111 by 2023 Session Laws chapter 104, and § 15-2-1111 applies it to the will of a decedent who dies on or after January 1, 2020. § 15-2-1103: an electronic will is a will for all purposes of Idaho law. § 15-2-1105(1) sets the execution rules: a tamper-evident electronic record readable as text at signing, signed by the testator (or by a proxy in the testator's physical presence), and signed by two witnesses who are residents of a state, in the testator's physical or electronic presence. Idaho did NOT enact the uniform act's harmless-error section: § 15-2-1106 returns HTTP 404 at legislature.idaho.gov with no section marker. The general Uniform Electronic Transactions Act does not supply the answer, because Idaho Code § 28-50-103(b)(1) excludes a law governing the creation and execution of wills; the electronic-wills act is the only route. § 15-2-1109 lets anyone make a certified paper copy by affirming under penalty of perjury that it is complete, true and accurate, and treats an electronically filed will as the original for probate. (Idaho Code §§ 15-2-1103 and 15-2-1105)

Remote witnessing: allowed within the statute’s conditions. For an ELECTRONIC will only. Idaho Code § 15-2-1105(1)(c) requires the will to be signed in the PHYSICAL OR ELECTRONIC presence of the testator by at least two individuals, each a resident of a state at the time of signing, within a reasonable time after witnessing the signing or the testator's acknowledgment. § 15-2-1102(3) defines electronic presence as individuals in different locations communicating in real time by communication technology, which § 15-2-1102(1) defines as simultaneous communication by sight and sound. A paper will under § 15-2-502 carries no electronic-presence language, so a paper will witnessed only over video is not executed under that section.

A Will Signed in Another State

Idaho Code § 15-2-506: a WRITTEN will is valid if executed in compliance with § 15-2-502 or § 15-2-503, or if its execution complies with the law, at the time of execution, of the place where it is executed, or of the place where the testator is domiciled, has a place of abode or is a national, either at execution or at death. For an electronic will, § 15-2-1104 separately validates one executed under the law of the place where the testator was physically located at signing, or was domiciled or resided at signing or at death. (Idaho Code § 15-2-506)

Keep Going

Frequently Asked Questions

Can I make my will online in Idaho?
Idaho is one of the states where a will can be both prepared and executed online. A will prepared online, printed and signed on paper is valid under Idaho Code § 15-2-502 with the testator's signature and two witnesses who each witnessed the signing or the acknowledgment. Idaho also recognizes a fully electronic will under its Uniform Electronic Wills Act, §§ 15-2-1101 to 15-2-1111 (2023 Session Laws chapter 104): a tamper-evident electronic record, signed by the testator and by two witnesses who may be in the testator's electronic presence over live video, each a resident of a state.
Does a Idaho will need to be notarized?
No. Notarization is not required for a valid Idaho will. The optional self-proving step under Idaho Code § 15-2-504 makes probate easier: The statutory text has the testator swear to being eighteen or older. For an electronic will, § 15-2-1108(3) lets the witnesses' affidavit say physical or electronic presence instead of presence and hearing, and the acknowledgment and affidavits must themselves be tamper-evident records logically associated with the will.
How many witnesses does a Idaho will need?
2. The will must be signed by at least two persons each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Idaho Code § 15-2-502). For an electronic will, the two witnesses may sign in the testator's physical OR ELECTRONIC presence, within a reasonable time after witnessing, and each must be a resident of a state at the time of signing (§ 15-2-1105(1)(c)). (Idaho Code §§ 15-2-502 and 15-2-505)
Are handwritten (holographic) wills valid in Idaho?
Yes. Idaho Code § 15-2-503: a will which does not comply with § 15-2-502 is valid as a holographic will, whether or not witnessed, if the SIGNATURE and the MATERIAL PROVISIONS are in the handwriting of the testator. There is no date requirement. This is the original 1971 UPC text and it has never been amended. What is not optional is the handwriting: a typed, unwitnessed will fails § 15-2-502 and cannot be saved by § 15-2-503, and Idaho did not enact a harmless-error rule for paper wills. (Idaho Code § 15-2-503)
Are electronic wills legal in Idaho?
Yes. Idaho adopted the Uniform Electronic Wills Act as §§ 15-2-1101 to 15-2-1111 by 2023 Session Laws chapter 104, and § 15-2-1111 applies it to the will of a decedent who dies on or after January 1, 2020. § 15-2-1103: an electronic will is a will for all purposes of Idaho law. § 15-2-1105(1) sets the execution rules: a tamper-evident electronic record readable as text at signing, signed by the testator (or by a proxy in the testator's physical presence), and signed by two witnesses who are residents of a state, in the testator's physical or electronic presence. Idaho did NOT enact the uniform act's harmless-error section: § 15-2-1106 returns HTTP 404 at legislature.idaho.gov with no section marker. The general Uniform Electronic Transactions Act does not supply the answer, because Idaho Code § 28-50-103(b)(1) excludes a law governing the creation and execution of wills; the electronic-wills act is the only route. § 15-2-1109 lets anyone make a certified paper copy by affirming under penalty of perjury that it is complete, true and accurate, and treats an electronically filed will as the original for probate. (Idaho Code §§ 15-2-1103 and 15-2-1105)
Is a will made in another state valid in Idaho?
Generally yes, within the statute’s terms. Idaho Code § 15-2-506: a WRITTEN will is valid if executed in compliance with § 15-2-502 or § 15-2-503, or if its execution complies with the law, at the time of execution, of the place where it is executed, or of the place where the testator is domiciled, has a place of abode or is a national, either at execution or at death. For an electronic will, § 15-2-1104 separately validates one executed under the law of the place where the testator was physically located at signing, or was domiciled or resided at signing or at death. (Idaho Code § 15-2-506)

Verified against Idaho Code Title 15, Chapter 2, Part 5 (Wills), §§ 15-2-501 to 15-2-513, and the Uniform Electronic Wills Act, §§ 15-2-1101 to 15-2-1111 on September 24, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Idaho can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.