Title 15, UNIFORM PROBATE CODE

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) months…

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 ex…

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 p…

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…

15-2-512. Events of independent significance. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the…

15-2-513. Separate writing identifying bequest of tangible property. Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the …

15-2-601. Requirement that devisee survive testator by 120 hours. A devisee who does not survive the testator by one hundred twenty (120) hours is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous de…

15-2-602. Choice of law as to meaning and effect of wills. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provision…

15-2-603. Rules of construction and intention. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this Part apply unless a contrary intention is indicated by the wil…

15-2-604. Construction that will passes all property — After-acquired property. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will.

15-2-605. Anti-lapse — Deceased devisee — Class gifts. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue…

15-2-606. Failure of testamentary provision. (a) Except as provided in section 15-2-605 of this Part, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 15-2-605 of this Part, if the residue is devis…

15-2-607. Change in securities — Accessions — Nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) as much of the devised securities as is a part of the estate at…

15-2-608. Nonademption of specific devises in certain cases — Unpaid proceeds of sale, condemnation or insurance — Sale by conservator. (a) A specified devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with a…

15-2-609. Nonexoneration. A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

15-2-610. Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some …

15-2-611. Construction of generic terms to accord with relationships as defined for intestate succession. Half bloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relatio…

15-2-612. Ademption by satisfaction. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous…

15-2-613. Simultaneous death — Disposition of property. Subject to extension by the provisions of section 15-2-104 and section 15-2-601 of this code, where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the …

15-2-614. Effect of devise. Every devise in any will conveys all of the estate of the devisor therein which he could lawfully devise, unless it clearly appears by the will that he intended to convey a lesser estate.

15-2-616. Restriction on devises to nursing home or residential or assisted living facility operators. A devise or bequest involving either real or personal property, directly or indirectly, to any person who owns, operates or is employed at a nursing home, residential or assiste…

15-2-701. Contracts concerning succession. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will stating material provisions of the contrac…

15-2-801. Renunciation. (1)(a) A person or the representative of an incapacitated or unascertained person who is an heir, devisee, person succeeding to a renounced interest, donee, beneficiary under a testamentary or nontestamentary instrument, donee of a power of appointment, gr…

15-2-802. Effect of divorce, annulment, and decree of separation. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the tim…

15-2-803. Effect of homicide on distribution at death. (a) (1) "Slayer" shall mean any person who participates, either as principal or as an accessory before the fact, in the wilful and unlawful killing of any other person. (2) "Decedent" shall mean any person whose life is so ta…

15-2-804. revocation of probate and nonprobate transfers by divorce — no revocation by other changes of circumstances. (a) Definitions. In this section: (1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary d…

15-2-902. Duty of custodian of will — Liability. After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who w…

15-3-1001. Formal proceedings terminating administration — Testate or intestate — Order of general protection. (a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any ti…

15-3-1002. Formal proceedings terminating testate administration — Order construing will without adjudicating testacy. A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of…

15-3-1003. Closing estates — By sworn statement of personal representative. (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no ea…

15-3-1004. Liability of distributees to claimants. After assets of an estate have been distributed and subject to section 15-3-1006, Idaho Code, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee shall be liable…