Title 15, UNIFORM PROBATE CODE

15-1-101. Short title. This act shall be known and may be cited as the uniform probate code.

15-1-102. Purposes — Rule of construction. (a) This code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this code are: (1) to simplify and clarify the law concerning the affairs of decedents, m…

15-1-103. Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.

15-1-104. Severability. If any provision of this code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, an…

15-1-105. Construction against implied repeal. This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

15-1-106. Effect of fraud and evasion. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropr…

15-1-107. Evidence as to death or status. In proceedings under this code the rules of evidence in courts of general jurisdiction including any relating to simultaneous deaths, are applicable unless specifically displaced by this code. In addition, the following rules relating to …

15-1-108. Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other du…

15-1-109. Satisfaction of pecuniary devises or transfers by distribution in kind. (1) Whenever a personal representative or a trustee satisfies a pecuniary devise or transfer in trust by a distribution in kind with assets at their value for federal estate tax purposes, such fiduc…

15-1-201. General definitions. [effective until january 1, 2027] Subject to additional definitions contained in the subsequent chapters which are applicable to specific chapters or parts, and unless the context otherwise requires, in this code: (1) "Application" means a written r…

15-1-301. Territorial application. Except as otherwise provided in this code, this code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, (2) the property of nonresidents located in this state or property c…

15-1-303. Venue — Multiple proceedings — Transfer. (a) Where a proceeding under this code could be maintained in more than one (1) place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same …

15-1-305. Records and certified copies. The clerk of court shall keep a single file for each decedent, ward, protected person or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, t…

15-1-305A. Recording permitted — Effect. Letters of personal representatives (foreign or domestic), a statement of informal probate, probated will, determination of heirship, order made in a testacy proceeding, or will otherwise admissible in evidence as provided in section 15-3-…

15-1-306. Jury trial. If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.

15-1-307. Registrar — Powers. The acts and orders which this code specifies as performable by the registrar will be performed by a magistrate or district judge.

15-1-310. Oath or affirmation on filed documents. Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or …

15-1-311. Exercise of powers. Powers under this act may be exercised by the court at any time, in chambers or in open court, as may be appropriate. Powers conferred upon the registrar of wills by this act may be exercised at any time.

15-1-312. Execution of deed. Should any persons be entitled to a deed from a personal representative and such personal representative be discharged or disqualified or refuse to execute the same, such deed may be executed by the court authorizing such sale or distribution or the c…

15-1-401. Notice — Method and time of giving. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested…

15-1-402. Notice — Waiver. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. The appearance in court of an interested party is a waiver of notice.

15-1-403. Pleadings — When parties bound by others — Notice. In judicial proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (a) Interests to be affected shall be…

15-1-501. construction of certain formula clauses. (1) A will or trust of a decedent who dies after December 31, 2009, and before January 1, 2011, that contains a formula referring to the "unified credit," "estate tax exemption," "applicable exemption amount," "applicable credit …

15-2-1001. Will registry. The secretary of state shall create and maintain a will registry. The information contained in such registry shall include: the full name of the person making the will; the date the will was made; and sufficient identification of the location of the will…

15-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this code.

15-2-102. Share of the spouse. The intestate share of the surviving spouse is as follows: (a) As to separate property: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a p…

15-2-103. Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent; if …

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 t…

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…