A last will and testament is an estate planning document that people use to designate how their estate should be distributed when they pass away. Someone’s estate includes their real and personal property, such as homes, vehicles, jewelry, and any other property they want distributed when they pass away.
In order for someone to control how their property is distributed when they die, they have to create a valid will. The exact requirements for creating a valid will in Idaho are specific to the state.
Generally, however, there are certain requirements for a valid will, such as:
- The will must be in writing
- The will is signed by the testator, or the person who created the will
- The will should be dated
- This helps reduce confusion about which will is the most recent
- The testator signed the will
- This can include defining marks, such as an X, if the testator is unable to properly sign
- The will is witnessed by at least two or more competent witnesses who do not have an interest in the estate
- The testator has proper testamentary capacity
An individual will typically be deemed to possess testamentary capacity if they are older than the age of majority in their state, or 18 in Idaho, if they are legally married, or if they are in the military and they are aware that:
- They are creating a will
- The effect of their will is to distribute their estate property when they pass away
- They understand the specific property that will be distributed
- They understand who is receiving the property that will be distributed
It is essential to schedule an Idaho lawyer consultation to find out the specific requirements for creating a valid will in Idaho.
Where Can Lost Wills Be Found in Idaho?
There are many places that a lost will may be found in Idaho. Finding the will prevents a court from assuming an individual died intestate. Intestates simply means dying without a will.
Under inheritance succession laws, if someone’s will cannot be found and they are considered to have died intestate, the Idaho intestate laws will determine how their estate is distributed. This means that the distribution of the assets in the estate will be determined by the local estate laws instead of the instructions that were provided in the lost will.
Even if a will is possibly lost, it is common for it to be found. In many situations, for example, the executor or a family member has an executed copy of the will. Additionally, the witnesses to the will may also have a copy of the executed document.
Wills are commonly found by contacting the lawyer who helped the testator draft their will. It is common for lawyers to keep a copy of any will that they draft in safe storage in case their client needs a copy for any reason.
A seemingly lost will may also be found in a safety deposit box, personal safe, or storage unit. If the will cannot be found, the local court will presume that the individual passed away intestate or that the testator themselves destroyed the will.
When someone creates their will, it is very important for them to keep a copy of their executed will in a safe location. It is also important to share the location of the document with someone else, such as friends or family.
Will a Copy of the Will Be Accepted in Idaho?
Whether or not a copy of the will is accepted in Idaho will depend on the specific laws that govern copies of wills in that jurisdiction. There are many places that allow copies of executed wills to be accepted.
For example, a copy of the will may be provided by the lawyer who originally drafted it. This type of copy will likely be accepted by a probate court.
A copy of the will that has an original signature from the testator will likely carry the same legal authority as the original document. A probate court may also allow one of the witnesses who saw the testator sign the original document to attest that the copy of the will is valid.
Idaho lawyers can help their clients determine if a copy of the will may be accepted in an Idaho probate court. For a will copy to be accepted in Idaho, an executor has to overcome the legal presumption that the testator intentionally destroyed the will to revoke it. This can be done using testimony from the drafting lawyer or witnesses.
Is There Anything I Can Do To Prove the Will Wasn’t Destroyed?
The most effective way to prove a will was not destroyed is to produce the document. That may not always be an option.
In some cases, it may be possible to present evidence in court that the will was not destroyed. If a party seeks to make this claim, they must usually show:
- Evidence that the testator did not intend to destroy their will
- Evidence that the testator did not intentionally revoke their will
- The contents of the original will that the testator signed
- That the original will cannot be found after a thorough search, but that the testator did intend to distribute their assets
Lost wills can have a major effect on the distribution of a deceased individual’s estate. Without the valid will being admitted in court, the deceased individual’s estate will most likely have to follow Idaho’s intestacy laws.
This can cause issues because these laws do not have specific instructions regarding sentimental pieces of personal property or family heirlooms. State intestacy laws will typically create a hierarchy of distribution.
This means that close family members, such as biological children or spouses, will usually receive the first shares of an individual’s estate and other family members will receive anything that remains. This may make some family members more interested in finding the lost will than others.
Do I Need To Contact an Attorney About a Lost Will in Idaho?
If you are searching for a lost will in Idaho, an Idaho will lawyer can help. One of the first places to begin looking is to contact the lawyer who created the original will for the testator.
It is especially important to consult with a lawyer if the lost will is affecting your interests in the estate. If the will cannot be found, your lawyer can represent your interests in the distribution of the deceased person’s estate and appear with you in court, if needed.
Your lawyer will know what evidence to present to prove that a testator did not intend to revoke their will, thus preserving your interests in the estate. Your attorney can also help ensure the property in the will is distributed correctly and that you receive the share you are entitled to.
You can use LegalMatch in as little as 15 minutes to find an Idaho attorney in your area who can help you locate a lost will. Simply submit the online submission form and, within about a business day, you will start getting responses from will attorneys in your area who can help. Get started today with the no cost lawyer matching services provided by LegalMatch.
