Iowa Last Will and Testament Template

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An Iowa Last Will and Testament is a legal estate-planning document, set forth by a testator (the person creating their will), that ensures personal and real property, fiduciary assets and/or any cash on hand, digital property, and any other property or form of protection are adequately transferred upon the testator’s death. On their will, a testator can set instructions on how to distribute assets/property among spouses, family, friends, and even charitable organizations. Iowa law dictates wills must be signed by the testator in the presence of at least two (2) competent and credible witnesses; both of whom will sign the document as well. Though optional, a testator can have their will acknowledged by a notary public for an extra layer of legal protection.

Table of Contents

Laws

Definition – § 633.3(36) – “Will” includes codicil; it also includes a testamentary instrument that merely appoints an executor, and a testamentary instrument that merely revokes or revives another will.

Signing Requirements (Section 633.279) – Must be signed by Two (2) competent persons in the presence of the testator and in the presence of each other.

StatutesChapter 633 (Probate Code)

(Video) How to Make a Will in Iowa

How to Write

Step 1 – Establishment of the Testator -Write or type the full legal name of the testator (the person for whom the will is being established)  in the top line of the document. You would then enter the following information:

  • Name of Testator
  • City of Residence
  • County of Residence
  • Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section

Step 2 – Nomination and Appointment of Personal Representative –

  • Enter the full legal name of the executor
  • Name of executor’s city
  • County
  • State

Alternate Executor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate

  • Enter the full legal name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Beneficiaries –

1 st Beneficiary 

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of their SSN
  • Enter the property being bequeathed
  • AND

2nd Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed
  • AND

3d Beneficiary –

  • Full legal name
  • Current address
  • Relation to testator
  • Enter the last four digits of SSN
  • Enter the property being bequeathed

The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator must carefully review the following sections prior to any application of signatures:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator (Printed Name)

Witnesses – The witnesses must review the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Address

Witness 2 –

  • Witness Signature
  • Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND ENTER
  • Testator Signature
  • Witness 1 Signature
  • Witness 2 Signature

Step 7 (Optional) – Notarization – When the notary public has witnessed all signatures they will complete the remainder of the document and authenticate it by affixing their state seal.

Related Forms

Advance Directive

Download: Adobe PDF

 

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF, MS Word, OpenDocument