Short answer

In Idaho, the “original” will is the signed paper (or papers) bearing the testator’s signature and any required witness or notary attachments. To confirm originality, look for the testator’s original signature, witness signatures, a self-proving affidavit or notary seal, and physical signs that the document is not a photocopy. If you cannot find an original, Idaho law allows a copy to be admitted to probate only after proper proof that the original was validly executed and lost or destroyed through no intent to revoke. For statutory guidance, see Idaho’s probate and wills code at the Idaho Legislature website: Idaho Code, Title 15 – Wills.

Detailed answer — what to check and why it matters

1. What counts as the original will?

The original will is the actual signed paper document (or the set of pages) executed by the testator. Originals typically include:

• The testator’s handwritten or ink signature at the end of the will.
• Signatures of the required number of attesting witnesses if applicable.
• A self-proving affidavit attached and notarized, if the will was self-proved when executed.

A photocopy, scan, or fax is not an “original.” If you only have a copy, you will generally need extra proof to admit it to probate.

2. Visual and physical clues that indicate an original

Examine the document closely. Original wills often show:

• Ink variations and impressions where the pen pressed into the paper.
• Original notary seals or wet embossing on attached affidavits.
• Staples, paper texture, watermarks, or corrections made in ink (not typed over).
• Different ink colors consistent with different signatures or dates.

3. Self-proving affidavit makes things easier

Many wills include a self-proving affidavit signed by the testator and witnesses and notarized at the time of signing. In Idaho, a self-proving affidavit attached to the will can allow the court to admit the will without requiring live witness testimony. If present, the affidavit often contains a notary’s impression or seal. For more on execution and proof, see Idaho Code, Title 15: Wills.

4. If you only have a copy — Idaho law on copies and lost wills

If the original cannot be found, Idaho law provides procedures for admitting copies or proving a lost or destroyed will. Generally, to admit a copy the proponent must prove the will was properly executed and that the original was lost or destroyed without the testator intending revocation. That usually requires sworn testimony or other admissible evidence. To review Idaho statutes on wills and proof procedures, see Idaho Code, Title 15 (Probate and Decedents’ Estates).

5. Chain of custody and authenticity concerns

Courts care about how the will reached the person who now has it. Document the chain of custody: where the will was found, who handled it, and whether the decedent kept documents in a locked safe or with an attorney. If you suspect tampering, photocopying, or substitution, notify the probate court and consult a probate attorney immediately.

6. Practical steps you should take right away

1. Do not alter the document. Do not sign, tear, or staple to it.
2. Take clear photos of every page and the document as a whole.
3. Preserve any envelope, packaging, or markings associated with the will.
4. Ask whether an attorney prepared or stored the original will; contact that lawyer or their firm.
5. Check whether the will has a self-proving affidavit and notary seal.
6. If the decedent died, file the will with the appropriate probate court or contact the clerk to learn next steps; many courts require filing the original will for probate.

7. What the probate court will ask

The court will want proof of proper execution and evidence about the original’s whereabouts. If the original is produced, the court will examine the signatures and any attached affidavit. If only a copy exists, the court will require evidence showing the copy accurately reflects a validly executed original and explaining loss or destruction of the original.

8. When to get professional help

Get a probate or estate attorney when:

• You only have a copy and the original can’t be found.
• Someone contests the will’s authenticity or claims forgery.
• There is a complicated chain of custody or suspicious circumstances.

How a typical scenario plays out — hypothetical example

Say you find a will in a deceased relative’s desk. The paper shows the testator’s ink signature, two witness signatures, and a notarized, attached affidavit stating the will was self-proved. Because the self-proving affidavit is attached, you can file the original with the probate court and the court can usually admit the will without live witness testimony. If instead you only found a photocopy and the original cannot be located, you would need to provide testimony or other admissible evidence proving the original’s execution and explaining why it is missing before the court will admit the copy.

Relevant Idaho statutory resources

For statute language, forms, and procedures, refer to:

• Idaho Code, Title 15, Chapter 2 — Wills
• Idaho Code, Title 15 — Probate and Decedents’ Estates (full title)
• If you need local procedures and filing rules, check the website of the district court in the county where the decedent lived or where the estate would be administered. The Idaho Judicial Branch site is at isc.idaho.gov.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. For advice about a specific situation, contact a licensed Idaho probate attorney.

Helpful Hints

• Preserve the document exactly as you found it; any change can harm its admissibility.
• Look for a self-proving affidavit and notary seal; that often removes the need for witness testimony in Idaho.
• Ask whether a law firm or bank safe-deposit box may hold the original.
• If only a copy exists, collect witness statements about the original and how it was executed.
• Contact the county probate clerk to learn filing rules and to ask whether a will has already been filed in that court.
• If you suspect forgery or tampering, involve an attorney quickly and do not distribute estate assets.
• Keep a written log of everyone who handles the will after you find it to document chain of custody.