Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Iowa attorney to discuss your specific situation.
Detailed Answer: Probate Requirements for Wills in Iowa
Under Iowa law, a valid will must meet specific formalities. Iowa Code §633.225 states that a will must be in writing, signed by the testator (the person making the will), and attested by at least two competent witnesses. If a document lacks these formalities, the court generally will not admit it to probate as a will.
Key statutory requirements:
- Iowa Code §633.225 – Writing, signature, and two-attesting-witness rule.
- Iowa Code §633.284 – Self-proving wills (notarized affidavit by witnesses).
1. When a Will Lacks Witnesses or Notarization
If your will is neither witnessed nor self-proved (notarized under §633.284), it fails to satisfy Iowa’s formal requirements. The probate court will likely:
- Refuse to admit the document as a will.
- Require administration under intestate succession rules (Iowa Code §633.212).
2. Possible Court Relief
Iowa does not have a broad “dispensing power” allowing informal proof of unwitnessed wills through extrinsic evidence. However, you may:
- File a petition for declaratory judgment asking the district court to recognize the decedent’s testamentary intent. You must present clear and convincing evidence (e.g., drafts, correspondence).
- Seek judicial instructions to distribute assets as the decedent intended, even if the document cannot be probated as a will.
3. Alternatives to Probate
If formal probate is unavailable, consider these non-probate strategies:
- Small Estate Affidavit: For estates valued under $100,000, Iowa Code §631.496 lets heirs collect assets without full probate. (Iowa Code §631.496)
- Joint Ownership & Beneficiary Designations: Accounts held in joint tenancy or payable-on-death avoid probate.
- Transfer-on-Death Deeds: Real estate can pass by a Transfer-on-Death Deed under Iowa Code Chapter 558D.
Helpful Hints
- Gather all drafts, emails, or notes showing the decedent’s wishes.
- Locate witnesses who can confirm the decedent’s handwriting or intent.
- Inventory assets and calculate if the estate qualifies for the small estate procedure.
- Check beneficiary designations on financial accounts and retirement plans.
- Consult a probate attorney early to assess petition options and avoid costly delays.