Petition for Probate of Will and for Letters Testamentary - Iowa

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE IOWA DISTRICT COURT IN AND FOR [COUNTY] COUNTY

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law Entitled to Notice
7. Nomination and Priority of Executor
8. Bond / Security
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Probate No.: [____________________________________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Iowa [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor nominated in the Last Will and Testament of the Decedent and is an interested person entitled to petition under Iowa Code § 633.290.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. ☐ The Decedent was domiciled in [COUNTY] County, Iowa, at the time of death, establishing venue in this Court under Iowa Code § 633.12.

c. ☐ The Decedent was not domiciled in Iowa at the time of death, but owned property within [COUNTY] County, Iowa, or other basis for jurisdiction exists in this county (Iowa Code § 633.291(2)).

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

e. ☐ This Petition is filed within five (5) years after the death of the Decedent.

f. ☐ No prior petition for probate of this Will has been granted in this or any other court.

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], is presented herewith and lodged with the Clerk of this Court for admission to probate.

b. Execution and witnesses. The Will was executed in writing, signed by the Decedent (or by another at the Decedent's direction in the Decedent's presence), declared by the Decedent to be the Decedent's Will, and witnessed by two competent persons, in compliance with Iowa Code § 633.279(1). The attesting witnesses are:

c. Self-proving status:
☐ The Will is self-proved by affidavit of the Decedent and witnesses under Iowa Code § 633.279(2) and therefore constitutes proof of due execution as required by § 633.293 and may be admitted to probate without testimony of the witnesses.
☐ The Will is not self-proved; proof of execution will be made by testimony or affidavit of the attesting witnesses, or as otherwise permitted by Iowa Code § 633.293 et seq.

d. ☐ Codicil(s) dated [__/__/____] are likewise offered for probate.

e. To the best of Petitioner's knowledge and belief, the Will has not been revoked and is the last Will of the Decedent.

6. DEVISEES AND HEIRS AT LAW ENTITLED TO NOTICE

Devisees / Beneficiaries under the Will:

Heirs at Law (persons who would take under intestate succession, Iowa Code § 633.219, for notice purposes under § 633.304):

☐ Decedent had a surviving spouse: [NAME] (note potential elective-share rights).

7. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will nominates [EXECUTOR FULL LEGAL NAME] as Executor of the estate.

b. Petitioner is the person so nominated and is qualified to act and is not disqualified under Iowa law (Iowa Code §§ 633.63–633.64).

c. ☐ If the person proposed is not the person nominated in the Will, the reason is: [________________________________] (Iowa Code § 633.292).

d. Petitioner is ready and willing to serve and, upon appointment, will subscribe and file the oath required by Iowa Code § 633.168 before entering upon the duties of the office, whereupon Letters Testamentary shall issue.

8. BOND / SECURITY

a. Bond:
☐ The Will directs that the Executor serve without bond; Petitioner requests that bond be waived accordingly.
☐ The Will does not waive bond. Pursuant to Iowa Code § 633.292, the estimated value of the personal property is $[________________] and the estimated gross annual income of the estate during administration is $[________________]; Petitioner will furnish bond in an amount fixed by the Court.

b. Estimated amount of bond (if required): $[________________]

c. Surety: ☐ Corporate surety ☐ Personal sureties (subject to Court approval)

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Admit the Last Will and Testament of the Decedent dated [__/__/____] (and any codicil) to probate;

b. Find that the Decedent died testate and that the Will was duly executed;

c. Appoint Petitioner as Executor of the estate;

d. Direct issuance of Letters Testamentary to Petitioner upon the filing of the oath under Iowa Code § 633.168;

e. Fix bond in an appropriate amount, or waive bond as directed by the Will;

f. Authorize Petitioner to administer the estate according to law; and

g. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I am the Petitioner; that I have read the foregoing Petition; and that the statements therein are true and correct to the best of my knowledge and belief. I declare (or certify, attest, or state) under penalty of perjury and pursuant to the laws of the State of Iowa that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], [STATE].

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

Notary Public: ______________________________________ My commission expires: [__/__/____]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of Probate of Will (Iowa Code § 633.304): On admission of the Will to probate, the Executor, as soon as Letters are issued, shall:

☐ Cause notice to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in [COUNTY] County, Iowa;

☐ Give notice by ordinary mail, as soon as practicable, to the surviving spouse, each heir of the Decedent, and each devisee under the Will whose identities are reasonably ascertainable, of the admission of the Will to probate and the appointment of the Executor;

☐ Include in the notice that any action to set aside the probate of the Will must be brought within the later to occur of four months from the date of second publication or one month from the date of mailing of the notice, or thereafter be forever barred.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Iowa Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Original Last Will and Testament (and any codicil) lodged with the Clerk of Court
☐ Self-proving affidavit (Iowa Code § 633.279), if the Will is self-proved
☐ Certified copy of Death Certificate
☐ Oath of Executor (Iowa Code § 633.168)
☐ Designation of Attorney (Iowa Code § 633.82), if represented
☐ Bond or request for waiver (Iowa Code § 633.292)
☐ Proposed Order Admitting Will to Probate and Appointing Executor
☐ Proposed Letters Testamentary
☐ Report and Inventory (under § 633.361 as amended by 2026 Iowa Acts HF 2532, § 4, due within 120 days after qualification from July 1, 2026, unless the court grants longer time; determine the applicable deadline if qualification was earlier)
☐ Filing fee payment

SOURCES AND REFERENCES

• Iowa Code ch. 633 (Probate Code): https://www.legis.iowa.gov/docs/ico/chapter/633.pdf
• Iowa Code § 633.290 (Petitions after death of testator)
• Iowa Code § 633.291 (Contents of petition for probate of will)
• Iowa Code § 633.292 (Contents of petition for appointment of executor)
• Iowa Code § 633.279 (Signed and witnessed; self-proved will)
• Iowa Code § 633.304 (Notice of probate of will with administration)
• Iowa Code § 633.168 (Oath of fiduciary)