Updated June 01, 2022
An Iowa self-proving affidavit is used with a last will and testament to assure probate officials that the will of a testator (creator of will) is legal and accurate. State law demands that testators sign the affidavit in the presence of two (2) competent witnesses and a notary public. In doing so, the testator supports the validity of the affidavit by reducing the possibility of a forged signature. This method of verification avoids the necessity for witnesses to appear in court to testify towards the accuracy of the will. Therefore, a testator who includes a self-proving affidavit with their will can be certain that their assets will be distributed to their beneficiaries without delay following their death.
Laws
- Statute – § 633.279(2)
- Signing Requirements– Two (2) witnesses and a notary public.
How to Write
Step 1– Download in Adobe PDF, MS Word (.docx), or OpenDocument.
Step 2 – Using the first two (2) empty spaces of the Affidavit, enter the State and County where the document is being executed.
Step 3 – The three (3) spaces following the words “We, the undersigned” are designated for the names of each party. In those spaces, enter the Testator’s Name followed by the Names of both Witnesses.
Step 4 – The three (3) spaces following the words “at the direction of the testator at” must be used to describe the location of the document’s execution. In the three (3) spaces, enter the City, County, and State where the Affidavit is being executed.
Step 5 – While in the presence of the two (2) Witnesses and the Notary Public, the Testator must provide their Signature on the first signature field. The two (2) Witnesses must then supply their Signatures on the remaining signature fields.
Step 6 – After each party has signed, the Notary Public must finalize the Affidavit by completing the “NOTARY ACKNOWLEDGMENT” portion of the document. The Notary must enter the Name of the Testator, the Names of both Witnesses, and the Date (Day, Month, Year).
Step 7 – The Notary may then complete the document by supplying their Signature, Title of Office, Commission Expiration Date, and Stamp. 