Detailed Answer
Locating and verifying an original will and any codicils is a crucial step before opening probate in Iowa. Under Iowa law, the personal representative must present the original document to the probate court when filing for appointment. Here’s how to find and confirm authenticity:
1. Search Common Storage Locations
Begin by inspecting places where the decedent kept important papers:
- Home safes or file cabinets
- Safe deposit boxes at local banks
- Personal offices or desks
- Digital records or cloud storage (if scanned copies exist)
2. Contact the Decedent’s Attorney
Many people leave their wills with their drafting attorney. Under Iowa Code §633.51, attorneys often hold wills in trust until they are needed. You can:
- Call the law office that prepared the will
- Submit a written request for the original document
- Review any engagement letters or invoices for will-drafting services
See Iowa Code §633.51: https://www.legis.iowa.gov/docs/code/633.51.pdf
3. Check County and State Records
Iowa does not require statewide registration of wills, but a testator can deposit a copy or an affidavit of will with a county clerk. Steps include:
- Visiting the clerk of court in the county where the decedent lived
- Requesting a search for any deposited wills or affidavits
4. Verify the Will’s Authenticity
Iowa law sets formal requirements for a valid will. To verify an original will or codicil:
- Ensure the document is in writing, signed by the testator, and witnessed by two competent witnesses (Iowa Code §633.191).
- Look for a self-proving affidavit—testator and witnesses sign before a notary, which speeds probate under Iowa Code §633.103.
- Confirm that codicils are titled and dated separately and reference the original will by date.
- Interview attesting witnesses, if alive, to confirm they saw the testator sign.
5. Evaluate Potential Copies and Drafts
If the original remains missing, copies can guide your search:
- Review photocopies or electronic scans labeled “draft” or “final.”
- Check for margin notes, typographical differences, or revisions.
- If you find only a copy, file an application under Iowa Code §633.229 to admit a copy when the original is lost.
Helpful Hints
- Act promptly—courts require filing within months of death.
- Keep a written log of everyone you contact during your search.
- Secure found documents in a locked envelope or safe deposit box.
- Consult with a probate attorney for complex estates or disputed documents.
- Verify that codicils explicitly reference the original will to avoid confusion.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.