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After you pass away, if you have a will, your family will need to go through probate court, even if you are married and left everything to your spouse. One sure way to avoid probate is to create a living trust instead of a will. The second way to avoid probate is to create a joint tenancy.

Choosing not to register your will with the Secretary of State's office does not affect the validity of the will. The office of the Secretary of State does not provide legal advice and is not able to assist in the creation of a will. The Court Assistance Office provides information on basic estate planning and wills.

In short, no ? a codicil to a Will does not have to be notarized. However, laws and requirements vary from state to state. A codicil does have to be signed in front of at least two witnesses who are not listed as beneficiaries, guardians, or executors in your Will.

In the state of Idaho, testators must have their wills signed by at least two witnesses who either witnessed the actual signing, or the testator's own acknowledgment of the signing. Oral wills are not recognized in Idaho, but handwritten wills are valid as long as they are in the handwriting of the testator.

Idaho Statutes A last will and testament, except a nuncupative will, is invalid unless it be in writing and executed with such formalities as are required by law.

Material provisions of the will and the signature must be in the handwriting of the person making the will. Although it is not necessary to have the will dated, witnessed, or notarized, it is a good idea to date your will to avoid conusion if you should have more than one will.