An Iowa resident contemplating making a will can consider the cost, whether to hire an attorney, and whether to write the will themselves, among other things. The article provides insights on how much it will cost to write a valid will, the estate laws governing the will-making process, what happens after you die when you have a will and when you do not, and other insights on how to make a valid will.
How Much Does it Cost to Write a Will in Iowa?
Writing a will in Iowa costs an average of $200 to $800. The cost depends on the complexity of the estate and the attorney fees. You can negotiate the attorney’s fees at the time you make the will, and the arrangement should be in writing.
Can I Write a Will Without a Lawyer in Iowa?
Yes, you can write your will without a lawyer in Iowa. However, your will has to meet Iowa’s legal requirements to be valid. When you have a challenge when writing a will, you can consult LegalPen, an online will writing company.
Is It Legal to Write Your Own Will in Iowa
Yes, it is legal to write your own will in Iowa. The will may be typed or handwritten. When handwritten, it must be signed by the testator and signed in front of two competent witnesses. Your typed will must be signed by the testator and witnessed by two competent witnesses.
Does a Will in Iowa Need to be Notarized?
No, you do not need to notarize a will in Iowa. However, the testator may notarize their will by signing a self-proving affidavit in the presence of a notary public to avoid a lengthy probate process.
Do I Need a Lawyer to Make a Will in Iowa?
No, you do not need a lawyer to make a will in Iowa. However, we recommend that you consult a lawyer for persons with complex estates. A complex estate means an estate that has multiple assets, high net worth, various business interests, debts, and liabilities, property about the estate that is located in multiple jurisdictions, complex family dynamics, and trusts and wills.
Do I Need a Lawyer to File a Will in Iowa?
No, you do not need a lawyer to file a will in Iowa. You may file your will at the clerk of the county court’s office where you reside. Upon the testator’s death, the executor may file the will at the clerk of the county where the decedent resided.
Are Online Wills Legal in Iowa?
Yes, online wills are legal in Iowa as long as they meet the state’s requirements for writing a will. When choosing an online platform to create your will, you should choose one that complies with Iowa law, such as LegalPen.
How to Include Digital Assets in an Iowa Will
For digital assets, the rule that applies is that ‘if you own it, pass it through your will.’ Digital assets one may own include funds in a PayPal account, bitcoin and cryptocurrency, digital photos and music, and online accounts, among other things. You can include a list of your digital assets and leave instructions and passwords in your will. Additionally, you should name a beneficiary for the digital asset. When you do not choose a beneficiary, the digital assets will be passed to a residuary beneficiary or beneficiaries.
How to Disinherit Someone in an Iowa Will
You can disinherit someone in an Iowa will by failing to include them in your will. Once you exclude someone from your will, you should state explicitly in the will that you intend to disinherit them. However, caution should be exercised when disinheriting your spouse because of the elective share law. Elective share stipulates that a surviving spouse chooses inheritance under a will or elective share in the deceased spouse’s estate. Until the surviving spouse files an affidavit claiming elective share, it will be presumed that the surviving spouse will take inheritance under the will.
How to Handle Debts and Liabilities in Iowa will
You should include your debts and liabilities in your Iowa will. You should list your debts and liabilities, such as car loans, mortgage loans, and any other debts you may have. After creating a list, you should leave instructions to your executor on paying back the debts and liabilities. Including debts and liabilities in your will eliminates unnecessary disputes and administrative costs incurred by your estate.
How to Provide for Minor Children in an Iowa Will
You can provide for minor children in an Iowa will by including them as beneficiaries in your Iowa will. You can choose a guardian in your will who will take care of the minor children after your demise. After selecting a guardian, you may allocate money to enable them to care for the minor child; you may leave instructions for the child’s care.
How to Store Your Iowa Will Safely
You can store your Iowa will in a fireproof and waterproof box. When storing your will, you should consider safety and accessibility. Alternatively, you can store your will with your attorney. Most estate planning attorneys have safes in their offices.
How to Contest a Will in Iowa
You can contest a will in Iowa by filing a will contest at the probate court in the county where the will is being probated. A will must be filed within four months after publication of the second notice in a local newspaper or one month after mailing notice to the party. A will can be contested on a number of grounds, such as lack of mental capacity, fraud, undue influence, duress, or mistake in execution.
What are No-Contest Clauses in Iowa Wills?
In Iowa, the no-contest clause is referred to as a forfeiture or penalty clause. They deter a beneficiary from contesting the validity of any portion of the testator’s will. When a will has a no-contest clause, a beneficiary shall forfeit his or her bequest under the will.
What is the Difference Between Probate in Iowa and Nevada?
The probate process in Iowa and Nevada is similar. Both estates do not have inheritance tax. Nevada has estate tax for larger estates. However, Nevada has simplified procedures for smaller estates, thus a faster process for smaller estates. The article titled ‘Will writing in Nevada’ has more information on the probate process in Nevada.
How to Handle Foreign Property in an Iowa Will
Foreign property is property that is located outside Iowa and the United States. Foreign property may be located in the United Kingdom, Dubai, South Africa, Kenya, or Tunisia. You can only include foreign property in an Iowa will with consultation with an estate attorney in the jurisdiction where the property is located. The estate attorney may recommend drafting a supplemental will in the jurisdiction where the property is located. The will shall be in addition to your Iowa will.
How to Make a Will for Same-Sex Couples in Iowa
The Supreme Court legalized same-sex marriages in Iowa through the case of Obergefell v. Hodges; thus, estate planning is similar to that of opposite-sex couples. Same-sex couples make their wills and leave their property and gifts to their beneficiaries. They may make a joint will, a mutual will, or a simple will. More information on the topic can be accessed on the article titled how to write a will in Iowa.
How to Plan for Pet Care in Your Iowa Will
You can plan for pet care by creating a pet trust. Under the pet trust, you choose a trustee who will have custody of your pet after your demise. The trustee will be allocated resources to facilitate the pet’s care. Additionally, you will leave instructions on how the pet will be cared for.
How to Handle Business Succession in an Iowa Will
A business succession plan protects the assets and interests you have worked hard to build. In the context of a will, it accounts for what happens to your business interests and assets after your death. It contemplates potential tax implications and business inheritance.
Business succession planning in Iowa can include a list of your business interests and assets, the beneficiaries that will inherit your business interests and assets, and instructions on how the business will continue and how the assets should be utilized.
How to Handle Out-Of-State Property in an Iowa Will
You can handle out-of-state property in an Iowa will by including it, for example, land in Nevada. A will in Iowa will be valid in all other states of the United States. Upon your death, the property in the other state will be disposed of in accordance with your Iowa will.
What is the difference between Holographic wills and Statutory Wills in Iowa?
Holographic wills and statutory wills are two types of wills in Iowa. For a holographic will to be enforceable, it must be signed by the testator and attested and witnessed by two competent witnesses. However, Iowa does not have statutory wills and does not provide a standard form/template for making a will.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.