reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-603 - RULES OF CONSTRUCTION AND INTENTION.

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 will.
History:
[I.C., sec. 15-2-603, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-604 - CONSTRUCTION THAT WILL PASSES ALL PROPERTY — AFTER-ACQUIRED PROPERTY.

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.
History:
[I.C., sec. 15-2-604, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-605 - ANTI-LAPSE — DECEASED DEVISEE — CLASS GIFTS.

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 of the deceased devisee who survive the testator by one hundred twenty (120) hours take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he had survived the testator is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the will.
History:
[I.C., sec. 15-2-605, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-606 - FAILURE OF TESTAMENTARY PROVISION.

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 devised to two (2) or more persons and the share of one (1) of the residuary devisees fails for any reason, his share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.
History:
[I.C., sec. 15-2-606, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-607 - CHANGE IN SECURITIES — ACCESSIONS — NONADEMPTION.

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 the time of the testator’s death;
(2) any additional or other securities of the same entity owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options;
(3) securities of another entity owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and
(4) any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company.
(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.
History:
[I.C., sec. 15-2-607, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-608 - NONADEMPTION OF SPECIFIC DEVISES IN CERTAIN CASES — UNPAID PROCEEDS OF SALE, CONDEMNATION OR INSURANCE — SALE BY CONSERVATOR.

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 any security interest) owing from a purchaser to the testator at death by reason of sale of the property;
(2) Any amount of a condemnation award for the taking of the property unpaid at death;
(3) Any proceeds unpaid at death on fire or casualty insurance on the property; and
(4) Property owned by testator at his death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.
(b) If specifically devised property is sold by a conservator, or if a condemnation award or insurance proceeds are paid to a conservator as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if subsequent to the sale, condemnation or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one (1) year. The right of the specific devisee, under this subsection is reduced by any right he has under subsection (a) of this section.
History:
[15-2-608, added 1978, ch. 350, sec. 9, p. 918.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-609 - NONEXONERATION.

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.
History:
[I.C., sec. 15-2-609, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-610 - EXERCISE OF POWER OF APPOINTMENT.

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 other indication of intention to include the property subject to the power.
History:
[I.C., sec. 15-2-610, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-611 - CONSTRUCTION OF GENERIC TERMS TO ACCORD WITH RELATIONSHIPS AS DEFINED FOR INTESTATE SUCCESSION.

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 relationships for purposes of intestate succession, but a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father.
History:
[I.C., sec. 15-2-611, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-612 - ADEMPTION BY SATISFACTION.

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 writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.
History:
[I.C., sec. 15-2-612, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-613 - SIMULTANEOUS DEATH — DISPOSITION OF PROPERTY.

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 persons have died otherwise than simultaneously, the property of each person shall be distributed as if he had survived, except as otherwise provided in this section.
(a) Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person’s distribution of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
(b) Where there is no sufficient evidence that two (2) joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half (1/2) as if one had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
(c) Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
(d) This section shall not apply in the case of wills, living trusts, deeds, or contracts of insurance, wherein provision has been made for distribution of property different from the provisions of the section.
(e) This section shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
(f) This section may be cited as the "uniform simultaneous death act."
History:
[I.C., sec. 15-2-613, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-614 - EFFECT OF DEVISE.

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.
History:
[I.C., sec. 15-2-614, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 6 - RULES OF CONSTRUCTION › Section 15-2-616 - RESTRICTION ON DEVISES TO NURSING HOME OR RESIDENTIAL OR ASSISTED LIVING FACILITY OPERATORS.

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 assisted living facility or any home, including the testator’s home, whether or not licensed, in which the testator was a resident within one (1) year of his death shall be presumed to have been the result of undue influence, rebuttable by clear and convincing evidence. This section shall apply to all property passing by testate succession after July 1, 1983, regardless of when the will was written; provided, this section shall in no way limit or affect the rights of a beneficiary who is related to the testator, or who is a charitable or benevolent society or corporation; provided further that the foregoing limitations shall not apply to wills of persons whose death is caused by accidental means and whose wills are executed prior to the accident which results in death.
History:
[15-2-616, added 1983, ch. 236, sec. 1, p. 642; am. 1989, ch. 193, sec. 1, p. 475; am. 1994, ch. 350, sec. 1, p. 1110; am. 2000, ch. 274, sec. 1, p. 801.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 7 - CONTRACTUAL ARRANGEMENTS RELATING TO DEATH › Section 15-2-701 - CONTRACTS CONCERNING SUCCESSION.

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 contract; (2) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
History:
[I.C., sec. 15-2-701, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 8 - GENERAL PROVISIONS › Section 15-2-802 - EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION.

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 time of death. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section.
(b) For purposes of parts 1, 2, 3 and 4 of this chapter and of section 15-3-203 of this code, a surviving spouse does not include:
(1) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or live together as man and wife;
(2) An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person; or
(3) An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
History:
[15-2-802, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 7, p. 319; am. 2016, ch. 362, sec. 1, p. 1068.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 9 - CUSTODY AND DEPOSIT OF WILLS › Section 15-2-902 - DUTY OF CUSTODIAN OF WILL — LIABILITY.

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 willfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
History:
[I.C., sec. 15-2-902, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 10 - WILL REGISTRY › Section 15-2-1001 - WILL REGISTRY.

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 at the time of registration. The method of registration shall be on a form required by the secretary of state. The fee for registration shall be ten dollars ($10.00) which shall be deposited by the secretary of state in the general fund. The secretary of state shall not be liable in any way for the accuracy of the information contained in the registry. The existence, or nonexistence, of a registration for a particular will shall not be considered as an evidentiary fact in any proceeding relating to such will. The failure to file information about a will in the registry shall not be a factor in the validity of the will, nor shall the failure to file be considered as malpractice on the part of any attorney as to the will. Only interested persons as defined in section 15-1-201, Idaho Code, or their attorneys may search the records contained herein. The secretary of state shall not be liable for the accuracy of the representation of the interested person or the interested person’s attorney.
History:
[15-2-1001, added 2000, ch. 181, sec. 1, p. 450.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1101 - SHORT TITLE.

15-2-1101. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Electronic Wills Act."
History:
[15-2-1101, added 2023, ch. 104, sec. 1, p. 308.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1102 - DEFINITIONS.

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 applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3) "Electronic presence" means the relationship of two (2) or more individuals in different locations communicating in real time by means of communication technology.
(4) "Electronic will" means a will executed electronically in compliance with section 15-2-1105(1), Idaho Code.
(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(6) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To affix to or logically associate with the record an electronic symbol or process.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
(8) "Tamper-evident" means a feature of an electronic record whereby evidence of any change to the electronic record is preserved. The term includes a digital certificate or similar technology that satisfies the requirements of section 51-120, Idaho Code.
(9) "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
History:
[15-2-1102, added 2023, ch. 104, sec. 1, p. 308.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1103 - LAW APPLICABLE TO ELECTRONIC WILL — PRINCIPLES OF EQUITY.

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.
History:
[15-2-1103, added 2023, ch. 104, sec. 1, p. 309.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1104 - CHOICE OF LAW REGARDING EXECUTION.

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 located when the will is signed; or
(2) Domiciled or resides when the will is signed or when the testator dies.
History:
[15-2-1104, added 2023, ch. 104, sec. 1, p. 309.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1105 - EXECUTION OF ELECTRONIC WILL.

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 name, in the testator’s physical presence, and by the testator’s direction; and
(c) Signed in the physical or electronic presence of the testator by at least two (2) individuals, each of whom is a resident of a state at the time of signing, within a reasonable time after witnessing:
(i) The signing of the will under paragraph (b) of this subsection; or
(ii) The testator’s acknowledgment of the signing of the will under paragraph (b) of this subsection or acknowledgment of the will.
(2) Intent of a testator that a record under subsection (1)(a) of this section be the testator’s electronic will, or that a record affixed to or logically associated with an electronic will forms a part thereof, may be established by extrinsic evidence.
(3) A signature affixed to an acknowledgment or affidavit under section 15-2-1108(1), Idaho Code, that is affixed to or logically associated with an electronic will, or a record that would constitute an electronic will but for lack of a signature or signatures described in this sentence, is deemed a signature of the electronic will under subsection (1) of this section.
History:
[15-2-1105, added 2023, ch. 104, sec. 1, p. 309.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1107 - REVOCATION.

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 established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator’s physical presence.
History:
[15-2-1107, added 2023, ch. 104, sec. 1, p. 309.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1108 - ELECTRONIC WILL ATTESTED AND MADE SELF-PROVED AT TIME OF EXECUTION.

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 with section 15-2-504(1), Idaho Code.
(2) The provisions of section 15-2-504(2), Idaho Code, shall not apply with respect to an electronic will.
(3) The form of the affidavits of the witnesses under subsection (1) of this section, as set forth in section 15-2-504(1), Idaho Code, may be modified by replacing the phrase "presence and hearing" with "physical or electronic presence."
(4) An acknowledgment or affidavit under subsection (1) of this section must be a tamper-evident electronic record and must be affixed to or logically associated with the electronic will to which it refers at the time of or within a reasonable time after execution of the acknowledgment or affidavit.
History:
[15-2-1108, added 2023, ch. 104, sec. 1, p. 310.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1109 - CERTIFICATION OF PAPER COPY — ELECTRONICALLY FILED WILL DEEMED ORIGINAL.

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 the electronic will. The certified paper copy of the will must include all records affixed to or logically associated with the electronic will.
(2) For purposes of sections 15-3-303(a)(5) and 15-3-402, Idaho Code, and any related provisions under Idaho rules for electronic filing and service or other applicable rules, an electronic will transmitted to the registrar or court via electronic filing or other electronic means constitutes the original of the electronic will.
(3) An application or petition for probate of an electronic will filed with the court must state:
(a) That the electronic will filed with the court is a tamper-evident electronic record;
(b) That the petition or application includes all records affixed to or logically associated with the electronic will or an explanation of any omitted items; and
(c) If known, facts regarding the provenance of the electronic will and all records affixed to or logically associated with the electronic will.
History:
[15-2-1109, added 2023, ch. 104, sec. 1, p. 310.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1110 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

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.
History:
[15-2-1110, added 2023, ch. 104, sec. 1, p. 310.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 2 - INTESTATE SUCCESSION — WILLS › Part 11 - UNIFORM ELECTRONIC WILLS ACT › Section 15-2-1111 - TRANSITIONAL PROVISION.

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.
History:
[15-2-1111, added 2023, ch. 104, sec. 1, p. 310.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-101 - DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS.

15-3-101. DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS. The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his separate property devolves to the persons to whom it is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates, and upon the death of a husband or wife, the decedent’s share of their community property devolves to the persons to whom it is devised by his last will, or in the absence of testamentary disposition, to the surviving spouse, but all of their community property which is under the management and control of the decedent is subject to his debts and administration, and that portion of their community property which is not under the management and control of the decedent but which is necessary to carry out the provisions of his will is subject to administration; but the devolution of all the above described property is subject to rights to homestead allowance, exempt property, to renunciation to rights of creditors, elective share of the surviving spouse and to administration.
History:
[15-3-101, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 134, sec. 1, p. 369.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-102 - NECESSITY OF ORDER OF PROBATE FOR WILL.

15-3-102. NECESSITY OF ORDER OF PROBATE FOR WILL. Except as provided in section 15-3-1201 of this code, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if (1) no court proceeding concerning the succession or administration of the estate has occurred, and (2) either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent’s title during the time period for testacy proceedings.
History:
[I.C., sec. 15-3-102, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-103 - NECESSITY OF APPOINTMENT FOR ADMINISTRATION.

15-3-103. NECESSITY OF APPOINTMENT FOR ADMINISTRATION. Except as otherwise provided in chapter 4 of this code, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
History:
[I.C., sec. 15-3-103, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-104 - CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION.

15-3-104. CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 15-3-1004 of this code or from a former personal representative individually liable as provided in section 15-3-1005 of this code. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
History:
[I.C., sec. 15-3-104, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-105 - PROCEEDINGS AFFECTING DEVOLUTION AND ADMINISTRATION — JURISDICTION OF SUBJECT MATTER.

15-3-105. PROCEEDINGS AFFECTING DEVOLUTION AND ADMINISTRATION — JURISDICTION OF SUBJECT MATTER. Persons interested in decedents’ estates may apply to the registrar for determination in the informal proceedings provided in this chapter, and may petition the court for orders in formal proceedings within the court’s jurisdiction including but not limited to those described in this chapter. The court has exclusive jurisdiction of formal proceedings to determine how decedents’ estates subject to the laws of this state are to be administered, expended and distributed.
History:
[I.C., sec. 15-3-105, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-106 - CIVIL LITIGATION — NOTICE.

15-3-106. CIVIL LITIGATION — NOTICE. Subject to general rules concerning the proper location of civil litigation and jurisdiction of persons, the court may herein determine any other controversy concerning a succession or to which an estate, through a personal representative, may be a party. Persons notified are bound though less than all interested persons may have been given notice.
History:
[I.C., sec. 15-3-106, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-107 - SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION.

15-3-107. SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION. Unless supervised administration as described in Part 5, chapter 3, of this code is involved, (1) each proceeding before the court or registrar is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
History:
[I.C., sec. 15-3-107, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-108 - PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT.

15-3-108. PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT. No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment or proceedings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code, may be commenced more than three (3) years after the decedent’s death, except:
(1) If a previous proceeding was dismissed because of doubt about the fact of the decedent’s death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent’s death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(2) Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within three (3) years after the conservator becomes able to establish the death of the protected person; and
(3) A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of twelve (12) months from the informal probate or three (3) years from the decedent’s death.
These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate or to proceedings under section 15-3-1201, Idaho Code, or section 15-3-1205, Idaho Code. In cases under subsection (1) or (2) of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent’s death for purposes of other limitations provisions of this code which relate to the date of death.
History:
[15-3-108, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 264, sec. 1, p. 659.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-109 - STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION.

15-3-109. STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION. No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death, shall apply to bar a cause of action surviving the decedent’s death sooner than four (4) months after death. A cause of action which, but for this section, would have been barred less than four (4) months after death, is barred after four (4) months unless tolled.
History:
[I.C., sec. 15-3-109, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 1 - GENERAL PROVISIONS › Section 15-3-111 - JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH.

15-3-111. JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH. In cases in which a marital community has been dissolved by the death of either spouse at any time, the survivor was then entitled to all of the property of the decedent by will, law, or both, and the survivor died before any proceeding had been commenced for the probate of the estate of the spouse whose death occurred first, the estates of both decedents may be joined for probate in a single proceeding in any court having jurisdiction of the estate of the spouse whose death occurred last. The three (3) year provision of section 15-3-108, Idaho Code, applies only to the death of the spouse whose death occurred last. The initial application or petition filed in any such joint proceeding shall contain a statement of the facts upon which such joint proceeding is based, in addition to all other statements required by this code to be made therein.
History:
[15-3-111, added 1973, ch. 26, sec. 1, p. 50; am. 1995, ch. 168, sec. 1, p. 651.]