Disclaimer: This is general information and not legal advice. Consult a licensed Idaho attorney for advice about a specific situation.

Detailed Answer — What happens when a will cannot be found in Idaho?

When the original paper will cannot be located after the testator’s death, Idaho law treats two issues separately: whether the testator revoked the will before death, and whether the court can admit a non-original or secondary proof of the will’s contents.

1. Revocation vs. loss

Idaho follows the common-law principle that physical destruction of a will by the testator with the intent to revoke it is a valid revocation. If the testator intentionally burned, tore, or otherwise destroyed the will while intending to cancel it, the will is invalid.

On the other hand, mere loss or accidental destruction by a third party does not automatically revoke the will. If the testator did not intend to revoke the will, the court can consider other evidence to determine the deceased’s intent and the will’s contents.

2. Presumption when a will is missing

If the deceased last had the will in their possession and the original cannot be found after death, courts generally apply a rebuttable presumption that the testator destroyed the will with intent to revoke. That presumption can be overcome by evidence showing the will was lost or destroyed without revocation, or by proof of the will’s contents and valid execution.

3. Proving a lost or destroyed will

When the original is missing, a personal representative or interested person may petition the probate court to admit secondary evidence. Courts typically require convincing proof of two things:

• The will’s contents.
• That the testator executed the will validly and did not revoke it.

Admissible secondary evidence includes a complete copy of the will, credible testimony from witnesses who saw the original or the copy, affidavits, and other documents that corroborate the testator’s intent. A self-proving affidavit executed with the will (if available) makes proving the will easier, but other forms of evidence can suffice.

4. Court procedure

The usual steps are:

1. File a petition with the appropriate Idaho probate court to open probate and to admit the will or a copy.
2. Provide affidavits or witness testimony that establish the will’s contents, the will’s execution, and the lack of revocation.
3. The court may schedule a hearing. Interested parties can object. If the court finds the proof sufficient, it may admit the will (or its copy) to probate. If the court finds proof insufficient, the estate may be administered under Idaho intestacy law.

If the will is admitted despite the original being lost, the court will typically order distribution according to that will. If no valid will is proved, the estate will be distributed under Idaho’s intestacy rules.

5. Practical examples (hypotheticals)

Hypothetical A: Jane kept her signed will at home. After she dies, the family cannot find it. Jane’s attorney has a certified copy and two attesting witnesses can testify they saw Jane sign the original. The court admits the copy after hearing the witnesses and evidence that Jane did not revoke the will.

Hypothetical B: Mark’s safe deposit box contained his will. The bank reports the box was empty after his death and the original cannot be produced. The court may presume revocation, but Mark’s longtime neighbor testifies Mark talked about the will a week before death and the attorney produces a signed copy. The court weighs that evidence and may admit the copy if satisfied the will was valid and not revoked.

Relevant Idaho resources

Idaho’s probate laws are in Title 15 of the Idaho Statutes. For the statutory framework and specific probate procedures, see the Idaho Legislature’s code collection for Title 15: Idaho Statutes — Title 15 (Probate). You can also consult the Idaho Judicial Branch and local probate court for forms and filing rules: Idaho Courts.

Helpful Hints

• Search thoroughly before assuming revocation — look in safe deposit boxes, attorney files, and with family members.
• If you find a copy, do not alter it. Make certified copies and tell your attorney.
• Collect witness names and written statements from anyone who saw the original will or who can attest to the testator’s intentions.
• If the will was in a bank safe deposit box, contact the bank and the probate court promptly. Banks often require a court order to open boxes after death.
• Keep any correspondence, emails, drafts, or notes that discuss the will or the testator’s wishes — they can support a petition to admit a lost will.
• File a probate petition quickly. Delays can complicate proof and increase the chance of disputes.
• If you are an executor or potential beneficiary, consult a probate attorney to prepare the petition and gather admissible evidence. Probate rules are procedural and strict.
• If no valid will can be proved, be prepared for the estate to pass by Idaho intestacy rules. An attorney can explain how intestate succession would apply.