Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies, you must determine if they created a valid will or signed other estate planning documents. In Iowa, a valid will requires the testator’s signature and two witnesses present at the same time under Iowa Code §633.214. Self-proved wills include a notarized affidavit under Iowa Code §633.230, which streamlines probate.
Start by gathering personal files. Check the decedent’s home office, safe deposit box or personal lockbox. Search for a document labeled “Last Will” or “Estate Plan.” If you find a document, confirm it meets Iowa’s execution rules:
- The decedent signed the will.
- Two witnesses signed in the decedent’s presence.
- Or it includes a notary’s acknowledgment for a self-proved will (Iowa Code §633.230).
If you cannot locate a will in personal records, contact attorneys who handled the decedent’s legal work. Many law firms keep copies of estate planning documents for clients. Ask if they have a will, trust, power of attorney or living will on file.
Next, search public records. Iowa does not maintain a centralized will registry, but wills enter the public record when filed for probate. Visit the county district court clerk’s office where the decedent lived. Request a search for probate filings under the decedent’s name. The clerk will review docket entries and any filed will (Iowa Code §633.24).
You can also review online court databases, if available in your county. Some Iowa counties offer searchable probate case indexes. If you locate a probate case, request certified copies of the will and related pleadings to verify authenticity.
Finally, speak with family members or close friends. They may know if the decedent met with an estate planning professional or kept documents in a specific location. Collaborate to uncover any digital backups, such as scanned files on personal computers or cloud storage.
By combining personal searches, attorney records checks and public court record investigations, you can verify whether a decedent had a valid will or other estate planning documents.
Helpful Hints
- Review safe deposit box records and bank notifications for estate planners.
- Contact local attorneys who specialize in estate planning for records.
- Search the county district court’s probate docket online or in person.
- Ask family members about digital file locations or previous estate planning meetings.
- Check for self-proving affidavits to speed up probate under Iowa Code §633.230.