What the rule says
Iowa requires specific formalities for a valid will. Under Iowa Code § 633.279, a valid Iowa will must satisfy:
1. A writing. 2. The testator's signature. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence.
Iowa requires witnesses to sign in the testator's presence — a strict requirement.
Holographic wills not recognized
Iowa does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents.
Self-proving affidavits
Under Iowa Code § 633.279(2), a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For an Iowa will execution:
- Have the testator and at least two competent witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents in Iowa.
Who this affects most
Iowa's execution requirements are most consequential for anyone executing a will in Iowa and out-of-state residents who relocated with handwritten unwitnessed wills.