reglab/housing_qa huggingface dataset:
ID Code § 15-2-206 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE|Section 15-2-206 - EFFECT OF ELECTION ON BENEFITS BY WILL OR STATUTE.

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 renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under section 15-2-207(b), Idaho Code, as if the surviving spouse had predeceased the testator. (b) A surviving spouse is entitled to homestead allowance and exempt property whether or not he elects to take an elective share and whether or not he renounces the benefits conferred upon him by the will except that, if it clearly appears from the will that a provision therein made for the surviving spouse was intended to be in lieu of these rights, he is not so entitled if he does not renounce the provision so made for him in the will.  History: [15-2-206, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 2, p. 682.]
ID Code § 15-2-207 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE|Section 15-2-207 - LIABILITY OF OTHERS.

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 elective share and to reduce the amount due from other recipients of portions of the augmented estate. (b) The remaining amount of the elective share is equitably apportioned among beneficiaries of the will and transferees of the augmented estate in proportion to the value of their interest therein. (c) Only original transferees from, or appointees of, the decedent and their donees, to the extent the donees have the property or its proceeds, are subject to the contribution to make up the elective share of the surviving spouse. A person liable to contribution may choose to give up the property transferred to him or to pay its value as of the time it is considered in computing the augmented estate.  History: [I.C., sec. 15-2-207, as added by 1972, ch. 201, sec. 4, p. 510; am. 1978, ch. 350, sec. 3, p. 915.]
ID Code § 15-2-208 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE|Section 15-2-208 - WAIVER.

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 the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance and exempt property by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.  History: [15-2-208, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 3, p. 682.]
ID Code § 15-2-209 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 2 - SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE|Section 15-2-209 - ELECTION OF NONDOMICILIARY.

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 same right to elect to take a portion of or interest in such property against the will of the decedent as though the property was situated in the decedent’s domicile at death.  History: [I.C., sec. 15-2-209, as added by 1972, ch. 201, sec. 4, p. 510.]
ID Code § 15-2-301 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS|Section 15-2-301 - OMITTED SPOUSE.

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 appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence. (b) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.  History: [I.C., sec. 15-2-301, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-302 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 3 - SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS|Section 15-2-302 - PRETERMITTED CHILDREN.

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 intestate unless: (1) it appears from the will that the omission was intentional; (2) when the will was executed the testator had one (1) or more children and devised substantially all his estate to the other parent of the omitted child; or (3) the testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence. (b) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate. (c) In satisfying a share provided by this section, the devises made by the will abate as provided in section 15-3-902 of this code.  History: [I.C., sec. 15-2-302, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 5, p. 510.]
ID Code § 15-2-401 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 15-2-401 - APPLICABLE LAW.

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.  History: [15-2-401, added 2001, ch. 294, sec. 2, p. 1040; am. 2008, ch. 182, sec. 1, p. 549.]
ID Code § 15-2-402 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 15-2-402 - HOMESTEAD ALLOWANCE.

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 the decedent unless otherwise provided in the will, or by intestate succession, or by way of elective share. The amount of the homestead allowance shall be fifty thousand dollars ($50,000). The homestead allowance is not a right to claim ownership of, or succession to, any homestead owned by the decedent at the time of the decedent’s death but is only the right to claim the sum set forth above. The right to a homestead allowance is determined as follows: (a) If there is a surviving spouse of the decedent, the surviving spouse shall be entitled to a homestead allowance. (b) If there is no surviving spouse, and there are one (1) or more children under the age of twenty-one (21) years whom the decedent was obligated to support or children who were in fact being supported by the decedent and who are disabled, as provided in 42 U.S.C. section 1382c, then each such minor or disabled child is entitled to a portion of the homestead allowance in the amount of the homestead allowance divided by the number of such minor or disabled children entitled to receive the homestead allowance.  History: [(15-2-402) 15-2-401, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. and redesig. 2001, ch. 294, sec. 3, p. 1040; am. 2004, ch. 123, sec. 1, p. 413; am. 2008, ch. 182, sec. 2, p. 549.]
ID Code § 15-2-403 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 15-2-403 - EXEMPT PROPERTY.

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 limited to, household furniture, automobiles, furnishings, appliances, family heirlooms and personal effects, subject to the terms of section 15-2-406, Idaho Code. If there is no surviving spouse, the decedent’s children are entitled jointly to the same tangible personal property, subject to the terms of section 15-2-406, Idaho Code. Rights to exempt property have priority over all claims against the estate. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided in the will, or by intestate succession, or by way of elective share.  History: [(15-2-403) 15-2-402, as added by 1971, ch. 111, sec. 1, p. 233; am. and redesig. 2001, ch. 294, sec. 4, p. 1041; am. 2003, ch. 63, sec. 1, p. 209; am. 2004, ch. 123, sec. 2, p. 413; am. 2008, ch. 182, sec. 3, p. 550.]
ID Code § 15-2-406 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 4 - EXEMPT PROPERTY AND ALLOWANCES|Section 15-2-406 - LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL.

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 to limited exempt property or a limited homestead allowance, as provided in the will; but (3) May not condition such elimination or limitation upon whether the estate of the decedent is subject to a claim for estate recovery for medicaid benefits paid to the decedent or to a spouse of the decedent.  History: [15-2-406, added 2008, ch. 182, sec. 6, p. 552.]
ID Code § 15-2-501 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-501 - WHO MAY MAKE A WILL.

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 restrictions imposed by this code.  History: [I.C., sec. 15-2-501, as added by 1971, ch. 211, sec. 1, p. 233.]
ID Code § 15-2-502 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-502 - EXECUTION.

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 testator’s name by some other person in the testator’s presence and by his direction, and shall be signed by at least two (2) persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.  History: [15-2-502, added 1971, ch. 111, sec. 1, p. 233; am. 2008, ch. 76, sec. 1, p. 202; am. 2017, ch. 192, sec. 8, p. 454.]
ID Code § 15-2-503 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-503 - HOLOGRAPHIC WILL.

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.  History: [I.C., sec. 15-2-503, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-505 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-505 - WHO MAY WITNESS.

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.  History: [I.C., sec. 15-2-505, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487.]
ID Code § 15-2-506 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-506 - CHOICE OF LAW AS TO EXECUTION.

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 at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.  History: [I.C., sec. 15-2-506, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-507 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-507 - REVOCATION BY WRITING OR BY ACT.

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 revoking it by the testator or by another person in his presence and by his direction. (c) The revocation of a will executed in duplicate may be accomplished by revoking one (1) of the duplicates.  History: [I.C., sec. 15-2-507, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-508 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-508 - REVOCATION BY DIVORCE — NO REVOCATION BY OTHER CHANGES OF CIRCUMSTANCES.

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 provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator’s remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse within the meaning of subsection (b) of section 15-2-802 of this code. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.  History: [I.C., sec. 15-2-508, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-509 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-509 - REVIVAL OF REVOKED WILL.

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 is evident from the circumstances of the revocation of the second will or from testator’s contemporary or subsequent declarations that he intended the first will to take effect as executed. (b) 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 a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect. (c) Republication of a revoked will revives such will.  History: [I.C., sec. 15-2-509, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-510 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-510 - INCORPORATION BY REFERENCE.

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.  History: [I.C., sec. 15-2-510, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-511 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-511 - TESTAMENTARY ADDITIONS TO TRUSTS.

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 funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts; or (ii) At the testator’s death by the testator’s devise to the trustee if the trust is identified in the testator’s will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will or in another individual’s will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. (b) The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator’s death. (2) Unless the testator’s will provides otherwise, property devised to a trust described in subsection (1) of this section is not held under a testamentary trust of the testator but it becomes a part of the trust to which it is devised and must be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator’s death. (3) Unless the testator’s will provides otherwise a revocation or termination of the trust before the testator’s death causes the devise to lapse.  History: [15-2-511, as added by 1971, ch. 111, sec. 1, p. 233; am. 1999, ch. 304, sec. 1, p. 761; am. 2006, ch. 161, sec. 1, p. 481.]
ID Code § 15-2-512 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-512 - EVENTS OF INDEPENDENT SIGNIFICANCE.

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 testator’s death. The execution or revocation of a will of another person is such an event.  History: [I.C., sec. 15-2-512, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-513 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 5 - WILLS|Section 15-2-513 - SEPARATE WRITING IDENTIFYING BEQUEST OF TANGIBLE PROPERTY.

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 will, other than money, evidences of indebtedness, documents of title, and securities, and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator’s death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing which has no significance apart from its effect upon the dispositions made by the will.  History: [I.C., sec. 15-2-513, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-601 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-601 - REQUIREMENT THAT DEVISEE SURVIVE TESTATOR BY 120 HOURS.

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 deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.  History: [I.C., sec. 15-2-601, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-2-602 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 2 - INTESTATE SUCCESSION — WILLS|Part 6 - RULES OF CONSTRUCTION|Section 15-2-602 - CHOICE OF LAW AS TO MEANING AND EFFECT OF WILLS.

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 provisions relating to the elective share described in 15-2-201 through 15-2-209, the provisions relating to the exempt property and allowances described in 15-2-401 through 15-2-405 or any other public policy of this state otherwise applicable to the disposition.  History: [I.C., sec. 15-2-602, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 6, p. 510; am. 2001, ch. 294, sec. 7, p. 1042.]