Updated September 7, 2026. Quick answer: In Idaho, you have the later of 12 months from informal probate or 3 years from the date of death to contest a will that has already been admitted to probate, running from whichever of those two events is later.
How long do you have to contest a will in Idaho?
| Deadline to contest an admitted will | the later of 12 months from informal probate or 3 years from the date of death |
| What starts the clock | whichever of those two events is later |
| Dedicated will-contest statute? | Yes |
“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.”
Source: Idaho Code § 15-3-108
What makes Idaho different
Idaho’s ‘later of’ formula means a contestant always gets at least 3 years from death, even if the will was informally probated quickly. The controlling authority is Idaho Code § 15-3-108, and the window runs from whichever of those two events is later.
What happens once this deadline passes?
Once the window above closes, Idaho’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection Idaho allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | Idaho Code § 15-3-108 |
| Idaho courts (general reference) | Idaho judicial branch |
| Idaho (additional reference) | Idaho.gov |
| Confidence | High |
Every statute or rule quoted on this Idaho page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own Idaho probate court file can confirm.