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Under Idaho law, any person may write a Last Will and Testament (?Will?) if that person is over the age of 18 years and is mentally competent. To be mentally competent means, among other things, that the person who is writing a Will knows what property he or she owns and is aware of their immediate family members.

Despite good intentions to formalize a plan, many people in Idaho die intestate ? that is, without a will or estate plan. In these cases, the court decides who will inherit the assets that remain after debts are settled. At a minimum, everyone should have a will with instructions for the division of property.

You can obtain copies of probate records from the clerk's office in each county courthouse. The FamilySearch Library has a few published volumes of probate records and some microfilmed early will registers and estate indexes.

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.

Court record searches in Idaho are available online across the state's 44 counties through iCourt. You can perform an intelligent search by entering a record number. If you don't have access to a record number, you can type in a last, first, and middle name.

Idaho Code Section 15-2-503 recognizes handwritten or Holographic Wills, "whether or not witnessed, if the signature and the material provisions are in the handwriting of the Testator." It is best to have all provisions in your own handwriting.