How to Make a Will in Iowa

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Writing a will in Iowa ensures your wishes are legally documented, and your loved ones are catered for once you are gone. You can make your will in Iowa by following the steps and formalities in this article. 

What Are the Steps to Create a Will in Iowa

The steps to create a will in Iowa are as follows:

1. Make a list of all your property and assets;
2. Decide who will inherit which property;
3. Make a list of your beneficiaries and the property you intend for them to inherit;
4. Appoint an executor who will be in charge of administering your estate;
5. Appoint a guardian for your minor children;
6. Appoint a guardian for your pets;
7. Write your will;
8. Sign your will in front of two competent witnesses;
9. Store your will safely, preferably in a safe deposit box or attorney’s office. 

What Happens if I Don’t Have a Will?

A decedent who dies without a will is considered to have died ‘intestate’; their probate will devolve according to the intestacy laws in Iowa. The Iowa laws that govern intestate succession are the Iowa Probate Code Chapter 633. The rules for intestate succession are outlined in Iowa Code section 633.219. 

What are the Requirements for Writing a Last Will and Testament in Iowa?

The requirements for writing a last will and testament in Iowa are:

1. The will must be in writing;
2. The testator must sign the will;
3. The signing of the will must be witnessed by two competent witnesses who must sign the will.

How Often Should You Review and Update Your Iowa Will?

You should review and update your Iowa will regularly, preferably yearly. Periodically updating your will ensures that it is updated and reflects all the changes in the state of affairs. You may hire an attorney to review and update your Iowa will or LegalPen, an online will-writing company. 

How to Revise and Update Your Will in Iowa

Revisions and updates to your will can be made by writing another will that includes the changes and revokes an existing will. This mode is preferred when you are making major changes to the will. When making minor changes to a will, you may prefer an instrument known as a ‘codicil’. The testator should sign the codicil and have it witnessed by two competent witnesses. The codicil must be in writing. 

What Makes a Will Valid in Iowa?

A valid will in Iowa is one that:

1. It is made by an adult, a person who is at least 18 years old and of sound mind;
2. The will must be in writing;
3. The testator must sign the will; and
4. The will signing must be attested to by two credible and competent witnesses who are beneficiaries of the will.

Can a Handwritten Will Be Valid In Iowa?

Handwritten wills are not valid in Iowa. In Iowa, handwritten wills are invalid because they do not meet the witness requirement. The justification for the invalidity of handwritten wills in Iowa is that they are likely to be marred with fraud, and beneficiaries are likely to contest the will. When testators opt for a written will, they should consult an estate attorney and ensure they comply with Iowa’s requirements for making a will. 

How Do I Sign My Iowa Will?

You sign your Iowa will by affixing your signature at the end of the will. The will-maker must sign the will or someone instructed by the testator in the testator’s presence. Two credible witnesses must witness the signing of the will. 

What Can I Include in an Online Will in Iowa?

The provisions and clauses you can include in an online will in Iowa are similar to those in your handwritten and typed will. The key provisions include:

1. A distribution of your assets;
2. Names of your beneficiaries;
3. A list of your debts and liabilities;
4. A guardian for our minor children;
5. A guardian for your pets;
6. Appoint an executor; and
7. Details on your funeral and burial wishes. 

Types of Assets Covered in an Iowa Will

The assets covered in Iowa will include the following:

1. Digital Assets, including social media profiles, online accounts such as YouTube accounts
2. Personal Property, including furniture, electronics, paintings, boats, planes
3. Real Property such as property, land
4. Bank accounts
5. Investments such as mutual funds, stocks, bonds, and retirement accounts, among others
6. Intellectual property such as trademarks, patents, copyrights, and royalties\
7. Life Insurance Policies 

Can I Revoke or Change My Will in Iowa?

Yes, you can revoke or change your will in Iowa. Adults revoking a will must have the legal capacity to revoke a will and be of sound mind and reasoning. Other than capacity, the testator must intend to revoke the will. The revocation must be witnessed. 

How Do You Revoke or Change Your Will in Iowa

There are several methods of revoking, they include:

1. Writing a new will that expressly revokes an existing will. The latest will should be signed by the testator and witnessed by two competent witnesses.
2. Destroying the will physically by burning, tearing, mutilating, or destroying the will. Destruction may be done by the testator or a person authorized by the testator and in the presence of the testator. 

You can make changes to your Iowa will by creating a codicil. The codicil must follow the same formalities as the creation of a will. To get more information on changes to a will and creating a codicil, check out How often should one update a will. 

Can I Make a Digital or Electronic Will in Iowa?

Yes, you can make a digital or electronic will in Iowa using online templates, resources, and will-writing companies such as LegalPen. However, Iowa does not currently recognize digital or electronic wills.

Thus, after creating an electronic or digital will, the testator must print it, sign it, and have it witnessed by two competent witnesses. For a will to be valid, it has to comply with Judicial Procedures Code Subchapter VI Wills and Code Title XB Judicial Branch. 

Who Can Witness a Will in Iowa?

The Iowa Probate section 633.280 states that a witness should be 16 years and above and not be a beneficiary in the will. Witnesses of a will should know that they are signing the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. An executor is responsible for gathering the assets, protecting them, notifying the listed creditors, and distributing the deceased’s estate to loved ones.

What Are the Iowa Will Executor Requirements?

For one to be an executor in Iowa, they have to be:

1. An adult (18 years and above;
2. Not be legally incapacitated;
3. Be a resident of Iowa

Generally, an executor should be a responsible and reliable person. They should be able to understand and fulfill your wishes. When you do not have a close relative or a family member who can be your executor, you can choose an accountant or a qualified attorney as a co-executor to your estate.

What Happens to a Will After Death in Iowa?

In Iowa, their will is filed in the county probate court by their relative or executor after one dies. After filing the will at the probate court, the court starts the probate process, which involves validating the will. When it is valid, the estate administration will commence, and the deceased’s estate will be dealt with as provided for in the will. 

What is the Impact of Marriage and Divorce on Your Iowa Will

The Iowa Probate Code section 633.271 states the effect of divorce or dissolution of marriage on an Iowa will. It stipulates that if, after making a will, the testator is divorced or the testator’s marriage dissolved, all provisions in the will in favor of the testator’s spouse or of a relative of the testator’s spouse, including but not limited to dispositions appointments of property, and nomination to serve in any fiduciary or representative capacity, are revoked by the divorce or dissolution of marriage unless the will was made in contemplation of the divorce or dissolution of marriage. 

Similarly, a testator’s marriage revokes a will made before marriage. The justification for the revocation is that marriage brings forth new responsibilities and other dependents who should be included in the will. Unless the will is made to contemplate marriage, it will be revoked. To avoid revocation of a will, married couples can make a will for married couples that will be enforceable.

Do All Wills in Iowa Have to Go Through Probate?

Yes, all wills in Iowa have to go through probate. However, small estates with less than $100,000 must undergo a simplified probate process. This process is faster and less formal. However, complex estates must go through the probate process, which may take six months to 2 years. The probate process involves the following steps: 

1. Filing the will and petitioning for probate.
2. Notifying the creditors and paying any debts.
3. Inventorying and appraising the estate’s assets.
4. Distributing assets to beneficiaries according to the will or state law. 

Is Iowa a Community Property state?

No, Iowa is not a community property state. It is an equitable distribution state, where property is shared equitably and fairly among the beneficiaries. 

Iowa Code Section 598.21 has property division guidelines considered during equitable property division. The factors include:

1. The length of the marriage;
2. The contribution of each spouse to the marriage;
3. Age of the parties;
4. The physical well-being of the parties;
5. The income of each party;
6. Each spouse’s Existing economic circumstances include retirement funds, pensions, and investment accounts. 

How is Iowa Intestate Succession Done?

Intestate succession in Iowa is done according to Probate Code section 633.219; the estate of the deceased is dealt with as follows: 

How is Estate and Inheritance Tax in Iowa Done? 

In Iowa, estate and inheritance taxes do not apply. However, the federal estate tax applies. As of 2024, estates with a value below $13.08 million are not subject to the federal estate tax.