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Iowa Last Will and Testament

Iowa requires two witnesses to sign a will and does not recognize handwritten (holographic) wills. Build a free Iowa will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the personal representative (executor) who will administer your estate; it can also name a guardian for your minor children. In Iowa, a will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's express direction), declared by the testator to be the testator's will, and witnessed by two competent persons who sign as witnesses in the presence of the testator and in the presence of each other (Iowa Code Section 633.279). Iowa does not recognize holographic wills; there is no exception in the statute for a handwritten, unwitnessed will executed in Iowa. The will itself does not need a notary; two witnesses are what make it valid. Iowa does recognize a self-proving affidavit under Iowa Code Section 633.279(2), a sworn acknowledgment by the testator and affidavits by the witnesses made before a notary public or other officer authorized to take acknowledgments, which lets the will be admitted to probate without live witness testimony. 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.

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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.

Key decisions before you file

Before you file a Last Will and Testament in Iowa, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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IOWA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], residing in [COUNTY] County, Iowa, being of full age and of sound mind, declare this to be my Last Will and Testament, and I revoke all prior wills and codicils I have made.

  2. PERSONAL REPRESENTATIVE (EXECUTOR) APPOINTMENT I appoint [NAME] of [CITY], Iowa, as personal representative (executor) of my estate. If [NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, describing each item or amount and the beneficiary (the person receiving the gift) who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, the residuary estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE On [DATE], I sign this will in the presence of the two witnesses named below and declare to them that this is my Last Will and Testament. Under Iowa Code Section 633.279, this will is valid only if I sign it and it is witnessed by two competent persons who sign as witnesses in my presence and in the presence of each other.

[TESTATOR NAME], Testator

The foregoing instrument was signed and declared by the testator as the testator's Last Will and Testament in our presence, and we, at the testator's request and in the testator's presence and in the presence of each other, have signed our names below as witnesses.

Witness 1 signature: [NAME], residing at [ADDRESS]

Witness 2 signature: [NAME], residing at [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Iowa Code Section 633.279(2) lets this will be made self-proved. The testator and the two witnesses may sign sworn acknowledgments and affidavits before a notary public or other person authorized to take acknowledgments and take oaths, evidenced by that officer's certificate under seal attached to the will. A self-proved will is proof of due execution and may be admitted to probate without live witness testimony.

State of Iowa, County of [COUNTY] Before me, the undersigned notary public (or other officer authorized to take acknowledgments), the testator and the two witnesses named above personally appeared and, being duly sworn, acknowledged that they signed the will and this affidavit, and that the will was executed as required by Iowa Code Section 633.279.

Notary Public / Officer authorized to administer oaths My commission expires: [DATE]

Note: This is a short Iowa will skeleton, not a complete will. Iowa Code Chapter 633 governs execution. Avoid naming a beneficiary as a witness if you can; under Iowa Code Section 633.281, an interested witness is not barred, but forfeits whatever the will leaves that witness in excess of the witness's intestate share unless the will is also attested by two other competent, disinterested witnesses. A will can be revoked only by a later will, or by canceling or destroying it with the intent to revoke it (Iowa Code Section 633.284); revocation by cancellation must itself be witnessed the same way as making a new will. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Iowa in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Iowa?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Iowa requires two competent witnesses. They must 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 beneficiary is not barred from serving as a witness, but under Iowa Code Section 633.281 an interested witness forfeits whatever the will gives them in excess of their intestate share unless the will is also attested by two other competent, disinterested witnesses. It is safer to use two witnesses who are not beneficiaries.

No. An Iowa will is made valid by being signed by the testator and witnessed by two competent persons, not by a notary (Iowa Code Section 633.279). A notary, or other officer authorized to take acknowledgments, is used only for the optional self-proving affidavit under Section 633.279(2), which lets the will be admitted to probate without live witness testimony.

No. Iowa does not recognize holographic wills. Iowa Code Section 633.279 requires every will to be in writing, signed, and witnessed by two competent persons, and the code's only exception (Section 633.283) covers wills that were validly executed under the law of another place, not an unwitnessed handwritten will made in Iowa.

Put your wishes in writing, sign the document yourself (or have someone sign at your express direction and in your presence), and declare to two competent witnesses that it is your will. Both witnesses then sign in your presence and in the presence of each other (Iowa Code Section 633.279). You must be of full age, 18 under Iowa Code Section 599.1, and of sound mind under Section 633.264.

Under Iowa Code Section 633.279, a valid Iowa will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's express direction), declared by the testator to be the testator's will, and witnessed by two competent persons who sign in the presence of the testator and of each other. The testator must also be of full age and sound mind (Iowa Code Section 633.264).

A self-proving affidavit is a sworn statement, signed by the testator and the two witnesses before a notary public or other officer authorized to take acknowledgments, that is attached to the will under Iowa Code Section 633.279(2). It lets the will be admitted to probate as proof of due execution without needing the witnesses to testify later, which can matter if a witness has moved away or died.

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.

Iowa Code Section 633.284 allows revocation only two ways: executing a later will, or canceling or destroying the will by the testator's act or direction with the intent to revoke it. If you revoke by cancellation, that act must itself be witnessed in the same manner required for making a new will, meaning two competent witnesses.