$0 Iowa — Estate Planning Checklist

How to Make a Will in Iowa: Requirements, Witnesses, and the Self-Proving Affidavit

How to Make a Will in Iowa

Iowa doesn't recognize oral wills, holographic (handwritten) wills without witnesses, or any will that skips the state's formal execution ceremony. If you draft a perfectly worded document but sign it alone at your kitchen table, it's legally void under Iowa Code section 633.279.

Here's exactly what Iowa law requires and how to get it right without paying an attorney $650+.

Iowa's Five Statutory Requirements

Under section 633.279, a valid Iowa will must satisfy all five elements:

1. Written document. Can be typed, printed, or electronic. Handwritten is fine as long as the witness requirements below are met.

2. Testator capacity. You must be at least 18 years old and of sound mind at the time of signing.

3. Testator signature. You must sign the will yourself, or direct another person to sign your name in your physical presence.

4. Two witnesses. Both witnesses must be at least 16 years old and competent. Best practice: use disinterested adults who aren't named as beneficiaries, which prevents conflict-of-interest challenges later.

5. Execution ceremony. This is the step most DIY wills fail. You must declare to both witnesses that the document is your will, then all three of you sign in each other's physical presence. No signing separately and mailing pages back and forth.

Iowa does allow remote signing under subsections 3 and 4 of section 633.279 — the will can be executed in counterparts by parties in different locations. But all signed counterparts must be aggregated to form the complete document.

The Self-Proving Affidavit: Why You Should Never Skip It

A self-proving affidavit is a notarized attachment where you and your witnesses swear under oath that the execution ceremony happened correctly. The statutory form is provided directly in section 633.279.

Without it, your executor must track down both witnesses after your death to authenticate their signatures before the court will admit the will to probate. If a witness has moved, died, or can't remember, the estate faces costly litigation.

The In re Estate of Thomas James Klein case demonstrated exactly this problem — the lack of a self-proving affidavit led to extensive probate delays and will contests when witness testimony couldn't be easily obtained.

With the affidavit attached, the will constitutes prima facie proof of due execution and skips the witness testimony requirement entirely.

How to execute it: After you and your witnesses sign the will, all three of you sign the self-proving affidavit before a notary public. Most banks, UPS stores, and libraries offer notary services for under $15.

What to Include in Your Iowa Will

At minimum, your will should address:

  • Asset distribution — who gets what, including specific bequests of property and a residuary clause for everything else
  • Guardian nominations — if you have minor children, name a guardian and an alternate (Iowa courts give strong weight to parental nominations)
  • Executor appointment — name someone to administer the estate and an alternate in case they can't serve
  • Digital asset authorization — under Iowa's Uniform Fiduciary Access to Digital Assets Act, your executor cannot access email, cloud storage, or online accounts unless you explicitly grant permission in the will
  • Self-proving affidavit — attached at the end

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Out-of-State Wills in Iowa

If you moved to Iowa with an existing will from another state, section 633.283 provides a lifeline: a will executed outside Iowa remains valid if it was in writing, signed by the testator, and executed according to the laws of either the place of execution or your domicile at the time.

That said, Iowa's unique abstract of title system means your out-of-state will could create title complications when heirs try to sell real property. Having an Iowa-compliant will with a self-proving affidavit avoids this entirely.

Common Mistakes That Invalidate Iowa Wills

Using beneficiaries as witnesses. While not automatically invalidating, it creates grounds for a will contest based on undue influence.

Signing without both witnesses present. Each person — testator and both witnesses — must watch the others sign. A witness who signs later "because they were told about it" doesn't count.

Skipping the declaration. You must verbally tell both witnesses that the document is your will before anyone signs.

Forgetting to update after major life events. Iowa Code section 633.271 automatically revokes bequests to a former spouse upon divorce, but it doesn't cover other relationships or assets held in trust.

Your Next Step

The Iowa Basic Estate Planning Kit walks you through drafting a will that meets all five statutory requirements, includes the self-proving affidavit form, and covers guardian nominations, digital asset clauses, and beneficiary designations — everything you need to execute a valid Iowa will without hiring an attorney.

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