How to Make a Valid Will in Iowa
Iowa has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in IA.
Iowa Will Requirements at a Glance
Who Can Make a Will in Iowa?
You must be at least 18 years old to make a will in Iowa. Married minors may make a will (Iowa Code § 633.264). The testator must be of full age and sound mind (Iowa Code § 633.264)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction.
Witness Requirements in Iowa
Iowa requires 2 witnesses. Must be competent witnesses. The will must be signed by the testator or by some person in the testator's presence and by the testator's express direction, and attested by two competent witnesses (Iowa Code § 633.279).
Interested witnesses: An interested witness does not invalidate the will
Notarization in Iowa
Notarization is not required for a will to be valid in Iowa. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Iowa allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Iowa Code § 633.279)
Handwritten (Holographic) Wills
Iowa does not recognize holographic wills. Holographic wills are not recognized in Iowa
Electronic Wills
Iowa does not currently recognize electronic wills. Iowa does not currently have an electronic wills statute
How to Revoke a Will in Iowa
In Iowa, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction
Iowa Code § 633.284
Special Provisions in Iowa
Iowa is a separate property/common law state. Surviving spouse has an elective share of one-third of all property that passed to others at the decedent's death (Iowa Code § 633.238). Iowa has a state inheritance tax (rates vary by relationship)
Relevant Iowa Statutes
- Iowa Code § 633.264 (Who may make a will)
- Iowa Code § 633.279 (Execution of wills; self-proving)
- Iowa Code § 633.284 (Revocation)
- Iowa Code § 633.238 (Elective share)
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