How to Make a Valid Will in Iowa
What Iowa law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of full age and sound mind may make a will (subject to the surviving spouse's elective share). Iowa Code §§ 633.264, 633.279
| Requirements for a valid will | Any person of full age and sound mind may make a will (subject to the surviving spouse's elective share). The will must be in writing, signed by the will-maker (or by another person in the will-maker's presence and at their express direction), declared by the will-maker to be their will, and signed by two competent witnesses who sign in the presence of the will-maker and of each other. "Presence" can include real-time electronic means where the will-maker and witnesses can see and hear each other. "Full age" means legal adulthood under Iowa law. Source: Iowa Code §§ 633.264, 633.279 |
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| Handwritten (holographic) wills | No. Iowa does not have a separate rule for handwritten wills. Every will signed in Iowa must meet the formal signing and two-witness requirements. A will signed outside Iowa is valid if it was made the way the law of that place or of the will-maker's home state required, as long as it is in writing and signed by the will-maker. Source: Iowa Code §§ 633.279, 633.283 |
| Self-proving affidavit | Yes. A witnessed will can be made self-proved when it is signed or later: the will-maker acknowledges it and the witnesses sign affidavits before a notary or other officer authorized to give oaths, using the affidavit wording in the statute. A self-proved will can be admitted to probate without witness testimony. Source: Iowa Code § 633.279(2) |
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FAQ
What makes a will valid in Iowa?
Any person of full age and sound mind may make a will (subject to the surviving spouse's elective share). The will must be in writing, signed by the will-maker (or by another person in the will-maker's presence and at their express direction), declared by the will-maker to be their will, and signed by two competent witnesses who sign in the presence of the will-maker and of each other. "Presence" can include real-time electronic means where the will-maker and witnesses can see and hear each other.
Is a handwritten will valid in Iowa?
No. Iowa does not have a separate rule for handwritten wills. Every will signed in Iowa must meet the formal signing and two-witness requirements. A will signed outside Iowa is valid if it was made the way the law of that place or of the will-maker's home state required, as long as it is in writing and signed by the will-maker.
Does a will need to be notarized in Iowa?
Yes. A witnessed will can be made self-proved when it is signed or later: the will-maker acknowledges it and the witnesses sign affidavits before a notary or other officer authorized to give oaths, using the affidavit wording in the statute. A self-proved will can be admitted to probate without witness testimony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.