(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.
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Terms Used In Idaho Code 15-2-1108

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Idaho Code 15-2-1102
  • Electronic presence: means the relationship of two (2) or more individuals in different locations communicating in real time by means of communication technology. See Idaho Code 15-2-1102
  • Electronic will: means a will executed electronically in compliance with section 15-2-1105(1), Idaho Code. See Idaho Code 15-2-1102
  • 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. See Idaho Code 15-2-1102
  • Tamper-evident: means a feature of an electronic record whereby evidence of any change to the electronic record is preserved. See Idaho Code 15-2-1102
  • Testator: A male person who leaves a will at death.
  • 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. See Idaho Code 15-2-1102
(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.