Iowa Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for minor children.

2. 2

   Iowa requires two competent witnesses who sign as witnesses in the presence of the testator and in the presence of each other, at the testator's request (Iowa Code Section 633.279). A witness who is also a beneficiary is not barred from witnessing, but under the interested-witness rule in Iowa Code Section 633.281 that witness forfeits whatever the will leaves in excess of the share the witness would have received had the testator died intestate, unless the will is also attested by two other competent, disinterested witnesses.

3. 3

   Iowa recognizes a self-proving affidavit (Iowa Code Section 633.279(2)). The testator and the witnesses sign sworn acknowledgments and affidavits before a notary public or other officer authorized to take acknowledgments, evidenced by that officer's certificate under seal. A self-proved will is proof of due execution and may be admitted to probate without live witness testimony.

4. 4

   Iowa does not recognize holographic wills. Iowa Code Section 633.279 requires every will to be witnessed by two competent persons, and the only statutory exception (Section 633.283) covers wills valid where executed, not a handwritten, unwitnessed will made in Iowa.

5. 5

   The will itself does not need a notary. What makes it valid is two competent witnesses signing in the testator's presence and in each other's presence. A notary, or other officer authorized to take acknowledgments, is used only for the optional self-proving affidavit.

6. 6

   You must be of full age and of sound mind to make a valid will in Iowa. Iowa Code Section 633.264 lets any person of full age and sound mind dispose of property by will, and Iowa Code Section 599.1 sets full age (the age of majority) at 18.

7. 7

   A will can be revoked only by executing a later will, or by canceling or destroying it by the act or direction of the testator with the intention of revoking it (Iowa Code Section 633.284). If revocation is done by cancellation, it must itself be witnessed in the same manner as making a new will.

Iowa Requirements for Last Will and Testament

• Two Competent Witnesses Required

  Iowa requires two competent witnesses who sign as witnesses in the presence of the testator and in the presence of each other, at the testator's request (Iowa Code Section 633.279). Without both witnesses signing this way, the will is not valid.

• Interested-Witness Purging Rule

  A witness who is also a beneficiary is not barred from witnessing, but under Iowa Code Section 633.281 that witness forfeits whatever the will leaves in excess of the share the witness would have received had the testator died intestate, unless the will is also attested by two other competent, disinterested witnesses.

• Self-Proving Affidavit Available

  Iowa Code Section 633.279(2) lets a will be made self-proved. The testator and witnesses sign sworn acknowledgments and affidavits before a notary public or other officer authorized to take acknowledgments, which lets the will be admitted to probate without live witness testimony.

• No Holographic Wills

  Iowa does not recognize holographic (handwritten, unwitnessed) wills. Iowa Code Section 633.279 requires every will to be witnessed by two competent persons, and the only statutory exception (Section 633.283) covers wills valid where executed, not a handwritten will made in Iowa.

• No Notary Needed for the Will Itself

  The will itself does not need a notary. It is made valid by the testator's signature and two competent witnesses (Iowa Code Section 633.279). A notary, or other officer authorized to take acknowledgments, is needed only for the optional self-proving affidavit.

• Minimum Age and Capacity

  You must be of full age, which Iowa Code Section 599.1 sets at 18, and of sound mind, under Iowa Code Section 633.264, to make a valid will in Iowa.

• Revocation Methods

  A will can be revoked only by executing a later will, or by canceling or destroying it by the act or direction of the testator with the intent to revoke it (Iowa Code Section 633.284). Revocation by cancellation must itself be witnessed in the same manner as making a new will.

• Personal Representative (Executor) Appointment

  Name a personal representative (executor) to administer your estate under Iowa Code Chapter 633, and consider naming a successor personal representative in case your first choice is unable or unwilling to serve.