Title 15, UNIFORM PROBATE CODE

15-2-104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS. Any person who fails to survive the decedent by one hundred twenty (120) hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the deceden…

15-2-106. REPRESENTATION. If representation is called for by this code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in …

15-2-107. KINDRED OF HALF BLOOD. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

15-2-108. AFTERBORN HEIRS. Relatives of the decedent conceived by natural or artificial means before his death but born within ten (10) months after the decedent's date of death, shall inherit as if they had been born in the lifetime of the decedent.

15-2-109. MEANING OF CHILD AND RELATED TERMS. If, for purposes of intestate succession, a relationship of parents and child must be established to determine succession by, through, or from a person: (a) An adopted person is a child of an adopting parent and not of the natural par…

15-2-110. ADVANCEMENTS. If a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writin…

15-2-1101. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Electronic Wills Act."

15-2-1102. DEFINITIONS. As used in this chapter: (1) "Communication technology" means an electronic device or process that: (a) Allows two (2) or more individuals to communicate with each other simultaneously by sight and sound; or (b) When necessary and consistent with other app…

15-2-1103. LAW APPLICABLE TO ELECTRONIC WILL -- PRINCIPLES OF EQUITY. An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity applies to an electronic will, except as modified by this chapter.

15-2-1104. CHOICE OF LAW REGARDING EXECUTION. A will executed electronically but not in compliance with section 15-2-1105(1), Idaho Code, is an electronic will under this chapter if executed in compliance with the law of the jurisdiction where the testator is: (1) Physically loca…

15-2-1105. EXECUTION OF ELECTRONIC WILL. (1) An electronic will must be: (a) A tamper-evident electronic record that is readable as text at the time of signing under paragraph (b) of this subsection; (b) Signed by: (i) The testator; or (ii) Another individual in the testator's na…

15-2-1107. REVOCATION. (1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) A subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) A physical act, if it is estab…

15-2-1108. ELECTRONIC WILL ATTESTED AND MADE SELF-PROVED AT TIME OF EXECUTION. (1) An electronic will may be simultaneously executed, attested, and made self-proved by acknowledgment of the testator and affidavits of the witnesses, in the same manner as other wills, in accordance…

15-2-1109. CERTIFICATION OF PAPER COPY -- ELECTRONICALLY FILED WILL DEEMED ORIGINAL. (1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of …

15-2-111. DEBTS TO DECEDENT. A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue.

15-2-1110. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

15-2-1111. TRANSITIONAL PROVISION. The provisions of this chapter apply to the will of a decedent who dies on or after January 1, 2020.

15-2-112. ALIENAGE. No person is disqualified to take as an heir because he or a person through whom he claims is or has been an alien.

15-2-114. PERSONS RELATED TO DECEDENT THROUGH TWO LINES. A person who is related to the decedent through two (2) lines of relationship is entitled to only a single share based on the relationship which would entitle him to the larger share.

15-2-201. QUASI-COMMUNITY PROPERTY. (a) Upon death of a married person domiciled in this state, one-half (1/2) of the quasi-community property shall belong to the surviving spouse and the other one-half (1/2) of such property shall be subject to the testamentary disposition of th…

15-2-202. AUGMENTED ESTATE. Whenever a married person domiciled in the state has made a transfer of quasi-community property to a person other than the surviving spouse without adequate consideration and without the consent of the surviving spouse, the surviving spouse may requir…

15-2-203. ELECTIVE RIGHT TO QUASI-COMMUNITY PROPERTY AND AUGMENTED ESTATE. (a) The right of the surviving spouse in the augmented quasi-community property estate shall be elective and shall be limited to one-half (1/2) of the total augmented quasi-community property estate which …

15-2-204. RIGHT OF ELECTION PERSONAL. The right of election of the surviving spouse may be exercised only during his lifetime by him. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his pro…

15-2-205. PROCEEDING FOR ELECTIVE SHARE -- TIME LIMIT. (a) The surviving spouse may elect to take his elective share in the augmented net estate by filing in the court and mailing or delivering to the personal representative a petition for the elective share within nine (9) month…

15-2-206. EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE. (a) The surviving spouse's election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent's will or intestate succession unless the surviving spouse also expressly …

15-2-207. LIABILITY OF OTHERS. (a) In a proceeding for an elective share, property which passes or has passed to the surviving spouse by testate or intestate succession and property included in the augmented estate which has not been renounced is applied first to satisfy the elec…

15-2-208. WAIVER. The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance and exempt property, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by t…

15-2-209. ELECTION OF NONDOMICILIARY. Upon the death of any married person not domiciled in this state who dies leaving a valid will disposing of real property in this state which is not the community property of the decedent and the surviving spouse, the surviving spouse has the…

15-2-301. OMITTED SPOUSE. (a) If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appe…

15-2-302. PRETERMITTED CHILDREN. (a) If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died i…

15-2-401. APPLICABLE LAW. This part applies to the estate of a decedent who dies domiciled in this state. Rights to the homestead allowance and to exempt property for a decedent who dies not domiciled in this state are governed by the law of the decedent's domicile at death.

15-2-402. HOMESTEAD ALLOWANCE. The homestead allowance is exempt from and has priority over all claims against the estate except as hereinafter set forth. The homestead allowance is in addition to any share passing to the surviving spouse or minor or disabled child by the will of…

15-2-403. EXEMPT PROPERTY. In addition to any homestead allowance, the decedent's surviving spouse is entitled from the estate to value, not exceeding ten thousand dollars ($10,000) in excess of any security interests therein, in tangible personal property including, but not limi…

15-2-405. SOURCE -- DETERMINATION -- DOCUMENTATION -- MISCELLANEOUS PROVISIONS. If the estate is otherwise sufficient, property specifically devised, including the provisions pursuant to section 15-2-513, Idaho Code, may not be used to satisfy rights to the homestead allowance or…

15-2-406. LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL. The decedent may provide by will that a surviving spouse, and/or adult children, but not minor or disabled children: (1) Are not entitled to any exempt property or homestead allowance; or (2) Are entitled t…

15-2-501. WHO MAY MAKE A WILL. Any emancipated minor or any person eighteen (18) or more years of age who is of sound mind may make a will. A married woman may dispose of her property, whether separate or community, in the same manner as any other person subject to the restrictio…

15-2-502. EXECUTION. Except as provided for holographic wills, writings within section 15-2-513 of this part, and wills within section 15-2-506 of this part, or except as provided in section 51-109, Idaho Code, every will shall be in writing signed by the testator or in the testa…

15-2-503. HOLOGRAPHIC WILL. A will which does not comply with section 15-2-502 of this Part is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.

15-2-504. SELF-PROVED WILL. (1) Any will may be simultaneously executed, attested, and made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where…

15-2-505. WHO MAY WITNESS. (a) Any person eighteen (18) or more years of age generally competent to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested witness.

15-2-506. CHOICE OF LAW AS TO EXECUTION. A written will is valid if executed in compliance with section 15-2-502 or 15-2-503 of this Part or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where a…

15-2-507. REVOCATION BY WRITING OR BY ACT. A will or any part thereof is revoked: (a) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or (b) By being burned, torn, canceled, obliterated or destroyed, with the intent and for the purpose of …

15-2-508. REVOCATION BY DIVORCE -- NO REVOCATION BY OTHER CHANGES OF CIRCUMSTANCES. If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any …

15-2-509. REVIVAL OF REVOKED WILL. (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 15-2-507 of this chapter, the first will is revoked in whole or in part unless it …

15-2-510. INCORPORATION BY REFERENCE. Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

15-2-511. TESTAMENTARY ADDITIONS TO TRUSTS. (1) (a) A will may validly devise property to the trustee of a trust established or to be established: (i) During the testator's lifetime by the testator or by the testator and some other person or by some other person, including a fund…