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], [STATE] [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is an interested person under Iowa Code § 633.290: ☐ executor nominated in the Will ☐ devisee ☐ heir ☐ other interest: [________________________________].

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 before five (5) years have elapsed after the death of the Decedent, as provided by Iowa Code § 633.331.

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 express direction in the Decedent's presence), declared by the Decedent to be the Decedent's Will, and signed by two competent witnesses at the Decedent's request, in the presence of the Decedent and each other, under 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 presented under Iowa Code §§ 633.293 and 633.295.

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 ☐ makes no nomination of an Executor.

b. The proposed Executor is [PROPOSED EXECUTOR FULL LEGAL NAME], whose post office address is [________________________________]. This person is ☐ the person nominated in the Will ☐ another proposed person. The proposed Executor is qualified to act under Iowa Code §§ 633.63–633.64.

☐ The proposed Executor is an Iowa resident. ☐ The proposed Executor is a nonresident and will serve with a resident fiduciary, [NAME], or seeks appointment alone for the following good cause under Iowa Code § 633.64(1): [________________________________].

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

d. The proposed Executor is ready and willing to serve and, upon appointment, will subscribe an oath or certify under penalty of perjury under Iowa Code § 633.168 before entering upon the duties of the office.

8. BOND / SECURITY

a. Bond:
☐ The Will directs that the Executor serve without bond; Petitioner requests waiver under Iowa Code § 633.172, subject to the Court's authority to require bond for good cause.
☐ 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 the appointed Executor after the Executor qualifies under Iowa Code § 633.168 and satisfies any bond requirement;

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 mailing the notice to all heirs and devisees whose identities are reasonably ascertainable, or thereafter be forever barred.

☐ Include notice to debtors to make payment and notice to creditors to file claims with the clerk within four months from the second publication; mail notice to known claimants as Iowa Code § 633.304(2) directs.

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, if required by the court or filing instructions
☐ Oath of Executor (Iowa Code § 633.168)
☐ Designation of Attorney (Iowa Code § 633.82), if represented
☐ Bond or request for waiver (Iowa Code §§ 633.169, 633.172, 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)