Court Safekeeping of Original Wills in Iowa

Short answer Iowa requires the clerk to maintain a safekeeping file for wills deposited by living testators or people acting for them. Each will must be in a sealed wrapper bearing the prescribed names and deposit date; during the testator's life, only the testator or someone authorized by the testator's duly acknowledged written order may receive it. After death, the clerk gives the specified notice and may open or transfer the will under the statutory conditions.
State
Iowa
Statute checked
October 5, 2026
Sources
8 statutes

At a glance

Statutory safekeeping routeAffirmative lifetime clerk safekeeping file; also accepts certain postdeath wills without probate petitions (§ 633.286).
Who may depositLiving testator or person acting on the testator's behalf; after death, a custodian under § 633.285 (§ 633.286).
Proper court or clerkClerk maintains the will safekeeping file; postdeath custodian delivers to court with estate jurisdiction (§§ 633.285-.286).
Envelope and filing recordSealed wrapper; clerk endorses testator, depositor, deposit date and any supplied death-notice contact (§ 633.287).
Fee and receiptSections 633.286-.289 state the filing and custody steps without specifying a deposit fee or receipt.
Custody before deathClerk holds sealed will until statutory lifetime or postdeath disposition (§ 633.287); limited conservator exception (§§ 633.643-.645).
Retrieval before deathOnly testator or person authorized by testator's duly acknowledged written order (§ 633.288).
Notice after deathClerk notifies any wrapper-endorsed contact; after opening, named executor and court-designated others (§ 633.289).
Opening and release after deathIf no probate petition within 30 days after death, public opening and court disposition order; transfer to proper-venue court on request after copying (§ 633.289).

Requirements one by one

Deposit and wrapper

Iowa Code § 633.286 directs the clerk to keep a safekeeping file for wills deposited by living testators or persons acting for them. It also accepts a deceased testator's will from a custodian when no probate petition accompanies it. Under § 633.287, “Every such will shall be enclosed in a sealed wrapper.” The clerk endorses the testator's and depositor's names and the deposit date; a death-notice contact is added if supplied.

Custody and lifetime retrieval

Iowa Code § 633.288 limits lifetime delivery to the testator or a person authorized by a written order that the testator has duly acknowledged. A conservator who receives a protected person's purported will must instead deliver it immediately to the court under § 633.643. For a living protected person, the court may open and read it under § 633.644; afterward the court reseals and deposits it with the clerk under § 633.645.

Death notice and disposition

Once informed of the death, the clerk notifies any contact endorsed on the wrapper (§ 633.289). If no probate petition is filed within 30 days after death, the will is publicly opened and the court orders its disposition. The clerk then notifies the named executor and others the court designates. When another court is the proper venue, the clerk must make and retain a true copy before sending the original there on request.

What trips people up

The 30-day period in § 633.289 runs from death, and the statutory public-opening step applies only when no probate petition has been filed in that period. A person already holding a deceased testator's will has a separate § 633.285 duty to deliver it to the court having jurisdiction of the estate after learning of the death.

Common questions

Can someone else collect the will while the testator lives? Yes, but § 633.288 requires a written order from the testator that is duly acknowledged.

What if a conservator discovers a protected person's will? Section 633.643 requires immediate delivery to the court; §§ 633.644-.645 provide the court's handling and clerk deposit steps.

Statutes and sources

  • Iowa Code §§ 633.285-.289 and .643-.645: current official text, quoted with source URLs and access dates above.

Source links

Every statute quoted above, linked, with the date we checked it.

Iowa Code § 633.285 · accessed 2026-10-05
Iowa Code § 633.286 · accessed 2026-10-05
Iowa Code § 633.287 · accessed 2026-10-05
Iowa Code § 633.288 · accessed 2026-10-05
Iowa Code § 633.289 · accessed 2026-10-05
Iowa Code § 633.643 · accessed 2026-10-05
Iowa Code § 633.644 · accessed 2026-10-05
Iowa Code § 633.645 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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