To make a valid will in Iowa, you must put your wishes in writing, sign the document, declare it as your will, and have two competent witnesses sign in your presence and each other's presence under Iowa Code § 633.279. Iowa does not recognize an unwitnessed handwritten will.
Key Takeaways
- Iowa requires two competent witnesses who sign in the presence of the testator and each other.
- Unlike roughly half of U.S. states, Iowa does not allow a fully handwritten, unwitnessed holographic will.
- A self-proved will under Iowa's statute can be admitted to probate without live witness testimony.
- Presence in Iowa can be physical or electronic, as long as everyone can see and hear each other in real time.
What are the basic requirements to make a valid will in Iowa?
Under Iowa Code § 633.279, all wills and codicils must be in writing, signed by the testator or by someone else in the testator's presence and at the testator's express direction, declared by the testator to be the testator's will, and witnessed, at the testator's request, by two competent people who sign as witnesses in the presence of the testator and in the presence of each other. Iowa's statute defines presence broadly enough to include any manner, physical or electronic, in which the witness and testator can see and hear each other's acts in real time.
Iowa expects the testator to affirmatively declare the document is a will, not just sign it silently. That declaration, even if informal, is part of what the statute requires.
Step-by-step: how do you make a will in Iowa?
- List your assets, debts, and the people or organizations you want to name as beneficiaries.
- Choose an executor to manage your estate and a guardian if you have minor children.
- Draft the will naming your executor, guardian, and beneficiaries, and clearly identify the document as your last will and testament.
- Sign the will yourself, or have someone else sign your name in your presence at your direction.
- Declare to your witnesses that the document is your will.
- Have two competent witnesses sign in your presence and in the presence of each other.
- Consider making the will self-proved before a notary under Iowa Code § 633.279 so witnesses will not need to appear at probate.
If you would rather not draft this language yourself, FastWill's online will builder covers each of these steps and produces an Iowa-compliant will.
Does Iowa recognize handwritten (holographic) wills?
No. Iowa does not treat a completely handwritten, unwitnessed document as a valid holographic will the way roughly half of U.S. states do. A handwritten will can absolutely be valid in Iowa, but only if it meets the same requirements as a typed will, meaning it is signed by the testator and signed by two competent witnesses in the testator's presence and each other's presence, per Iowa Code § 633.279. This is a common point of confusion for people who have moved from a state that does recognize holographic wills. An informal, unwitnessed note in Iowa, no matter how clearly it states your wishes, will not be admitted to probate as a will.
What is a self-proved will and do you need one in Iowa?
Iowa allows an attested will to be made self-proved, at the time of execution or at any later date, through the testator's acknowledgment and the witnesses' affidavits, each made before a person authorized to administer oaths and evidenced by that person's sealed certificate attached to the will. A self-proved will constitutes proof of due execution and may be admitted to probate without the testimony of the witnesses. That is a real practical advantage, since it means your executor does not have to track down two witnesses years after the signing, when one or both may have moved away, lost contact, or died.
DIY will vs. hiring a lawyer in Iowa
Most Iowa estates, meaning a home, some savings, retirement accounts, and everyday personal property, do not require a custom will drafted by an attorney. Because Iowa has no fallback holographic will exception, getting the witnessing formalities exactly right under Iowa Code § 633.279 matters more here than in states that offer a backup option. Talk to an estate planning attorney if you run a business, have a blended family with competing claims, own property outside Iowa, or need a trust for a beneficiary who cannot manage an outright inheritance. See our Iowa estate planning overview, Iowa estate planning checklist, and guide to Iowa power of attorney for what else your plan should cover.
How do you update or revoke a will in Iowa?
You can revoke an Iowa will by physically destroying it with intent to revoke, by executing a new will that revokes prior wills, or by a subsequent written instrument executed with the same formalities as a will. Marriage, divorce, a move, and the birth or adoption of a child are the most common reasons to update a will. Never handwrite changes onto an already-signed will and expect them to count. Since Iowa does not recognize unwitnessed handwritten amendments any more than it recognizes unwitnessed handwritten wills, an informal edit is very likely unenforceable. Execute a new will or a properly witnessed codicil instead.
A codicil amends specific parts of an existing will and, like the will itself, must be signed, declared, and witnessed by two competent people under Iowa Code § 633.279. For most people, especially after a divorce, remarriage, or a significant change in assets, it is simpler and safer to execute a completely new will that expressly revokes every earlier will and codicil rather than stacking amendments on top of one another. Every additional document creates one more thing a probate court has to reconcile, and in a state that does not recognize an unwitnessed handwritten fallback, that reconciliation matters a great deal.
Frequently Asked Questions
Do I need a lawyer to make a will in Iowa?
No. Iowa does not require an attorney to draft or witness a will, but you must follow Iowa Code § 633.279 exactly, since Iowa has no holographic will exception to fall back on.
Can a beneficiary act as a witness in Iowa?
It is best to avoid it. Using an interested witness can invite a challenge and complicate probate even where the will is otherwise properly executed. Choose two competent witnesses who receive nothing under the will.
Is a will made in another state valid once I move to Iowa?
Generally yes, if it was validly executed under the law of the state where it was signed or where you were domiciled at the time. Have it reviewed after your move, especially if it relied on a holographic will exception that Iowa does not recognize.
What happens if I die without a will in Iowa?
Iowa's intestacy statutes decide who inherits, typically your spouse and children in shares set by law rather than your own preference. See our guide on what happens if you die without a will in Iowa for the full breakdown.
Do I need to notarize my will in Iowa?
No, notarization is not required for the will itself to be valid. It is required only for the optional self-proving step described in Iowa Code § 633.279, which is still worth doing.
Ready to make your Iowa will official the right way? Build a compliant will with FastWill's will package, and see our general guide to writing your own will for concepts that apply nationwide.
