Idaho State Statutes - Idaho Attorney Directory

In
contested cases, petitioners who seek to establish intestacy have the burden
of establishing prima facie proof of death, venue, and heirship. Proponents of
a will have the burden of establishing prima facie proof of due execution in
all cases, and, if they are also petitioners, prima facie proof of death and
venue. Contestants of a will have the burden of establishing lack of
testamentary intent or capacity, undue influence, fraud, duress, mistake or
revocation. Parties have the ultimate burden of persuasion as to matters with
respect to which they have the initial burden of proof. If a will is opposed
by the petition for probate of a later will revoking the former, it shall be
determined first whether the later will is entitled to probate, and if a will
is opposed by a petition for a declaration of intestacy, it shall be
determined first whether the will is entitled to probate.

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