LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]
(A Simple Will Compliant with the Laws of the State of Iowa)
Effective Date: [DATE]
Domicile: [COUNTY], Iowa
[// GUIDANCE: This template is drafted to satisfy Iowa’s statutory requirements for execution of wills, including two disinterested witnesses and an optional self-proving affidavit. See, e.g., Iowa Code § 633.279. Customize all bracketed items, review local probate rules, and confirm witness/notary formalities before signing.]
TABLE OF CONTENTS
- Article I – Preliminary Matters
- Article II – Revocation & Statement of Family
- Article III – Appointment of Fiduciaries
- Article IV – Disposition of My Property
- Article V – Administrative & Fiduciary Powers
- Article VI – Risk Management & Contest Provisions
- Article VII – Governing Law, Forum & Miscellaneous
- Execution & Attestation
- Self-Proving Affidavit (Optional)
ARTICLE I
PRELIMINARY MATTERS
1.1 Definitions. For purposes of this Will, the following capitalized terms have the meanings assigned below:
a. “Beneficiary” means any person or entity receiving property under this Will.
b. “Estate” means all probate assets owned by me at death.
c. “Personal Representative” means the executor, executrix, or administrator of my Estate appointed herein and by the Iowa District Court sitting in probate.
d. “Residuary Estate” means all property not effectively disposed of by other provisions of this Will.
e. “Testator,” “I,” “me,” and “my” refer to the undersigned, [TESTATOR FULL LEGAL NAME].
[// GUIDANCE: Add or delete defined terms to match customized drafting.]
1.2 Competency. I declare that I am of legal age to make a will, of sound mind, and under no duress or undue influence.
ARTICLE II
REVOCATION & STATEMENT OF FAMILY
2.1 Revocation of Prior Instruments. I hereby revoke all prior wills and codicils.
2.2 Family Information.
a. Spouse: [NAME]
b. Children: [NAME(S) & DATE(S) OF BIRTH]
c. Other Heirs: [NAME(S) & RELATIONSHIPS, if desired]
[// GUIDANCE: Accurate family identification aids intestacy and elective-share analyses.]
ARTICLE III
APPOINTMENT OF FIDUCIARIES
3.1 Personal Representative. I nominate [PRIMARY EXECUTOR NAME] as Personal Representative. If that individual is unwilling or unable to serve, I nominate [ALTERNATE EXECUTOR NAME] as successor.
3.2 Guardian of Minor Children. If at my death any child of mine is a minor, I nominate [PRIMARY GUARDIAN NAME], residing at [ADDRESS], as guardian. [ALTERNATE GUARDIAN NAME] is nominated as successor.
3.3 Bond. No bond shall be required of any fiduciary, except as the court may otherwise order.
ARTICLE IV
DISPOSITION OF MY PROPERTY
4.1 Payment of Debts, Expenses, and Taxes. My Personal Representative shall first pay all enforceable debts, funeral expenses, administration costs, and estate taxes from my Estate.
4.2 Specific Bequests. I give the following:
a. [TANGIBLE ITEM OR AMOUNT] to [BENEFICIARY NAME].
b. [ADD ADDITIONAL BEQUESTS AS NEEDED].
4.3 Residuary Estate. I give my Residuary Estate to [RESIDUARY BENEFICIARY NAME(S)] in [equal shares / percentage shares described].
4.4 Lapse & Survivorship. A Beneficiary must survive me by 120 hours to take under this Will; otherwise, the gift shall lapse into the Residuary Estate.
ARTICLE V
ADMINISTRATIVE & FIDUCIARY POWERS
5.1 In General. My Personal Representative shall have, without court order, all powers granted by Iowa law, including but not limited to those enumerated in Iowa Code Chapter 633A, and the following supplementary powers:
a. To retain, sell, exchange, lease, or mortgage Estate property.
b. To settle or compromise claims for or against the Estate.
c. To invest Estate assets in any prudent investment.
d. To employ professionals and pay them reasonable compensation.
5.2 Delegation. The Personal Representative may delegate ministerial duties and rely on professional advice, and shall not be liable for any act or omission if performed in good faith and with reasonable care.
ARTICLE VI
RISK MANAGEMENT & CONTEST PROVISIONS
6.1 Executor Indemnity & Liability Cap. The Personal Representative and any guardian serving hereunder shall be indemnified from the assets of the Estate against all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising from the performance of fiduciary duties, except for willful misconduct or gross negligence. Liability, if any, shall be limited to the total value of Estate assets.
6.2 No-Contest Clause & Injunctive Relief. Any Beneficiary who, directly or indirectly, contests this Will or my testamentary intent through litigation or other proceedings shall forfeit all gifts otherwise provided, and his or her share shall pass as though such Beneficiary predeceased me. The Personal Representative is authorized to seek injunctive or declaratory relief in the Iowa District Court sitting in probate to enforce this provision.
ARTICLE VII
GOVERNING LAW, FORUM & MISCELLANEOUS
7.1 Governing Law. This Will shall be construed and enforced in accordance with the probate laws of the State of Iowa.
7.2 Exclusive Forum. Subject to mandatory probate jurisdiction, all matters relating to this Will shall be heard exclusively in the Iowa District Court for [COUNTY] sitting in probate.
7.3 Severability. Should any provision be deemed unenforceable, the remaining provisions shall remain in full force.
7.4 Headings. Headings are for convenience only and shall not affect interpretation.
7.5 Counterparts & Electronic Copies. This Will may be executed in counterparts, each of which is an original. A copy, facsimile, or electronically stored reproduction shall be considered authentic for all non-execution purposes.
EXECUTION & ATTESTATION
I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this Will on the date written below and declare that I sign willingly, that I am of eighteen (18) years or older, of sound mind, and under no constraint or undue influence.
__________
[TESTATOR FULL LEGAL NAME], Testator
Date: ____
ATTESTATION OF WITNESSES
We, the undersigned, witnessed the signing of this Will by the Testator, who declared it to be the Testator’s Last Will and Testament. Each of us is disinterested, at least sixteen (16) years of age, and signs hereunder in the Testator’s presence and in the presence of each other.
-
__________
Printed Name: ___
Address: ____
Date: ______ -
__________
Printed Name: ___
Address: ____
Date: ______
[// GUIDANCE: Iowa requires two competent witnesses who are generally “disinterested.” Ensure both witnesses are present at the same time during signing.]
SELF-PROVING AFFIDAVIT (Optional but strongly recommended)
State of Iowa
County of [COUNTY]
Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], and the above-named witnesses, who being duly sworn, declared to me that (a) the Testator executed the foregoing Will willingly and voluntarily, (b) each witness was present at the same time, saw the Testator sign the Will, and signed as witness in the Testator’s presence and in the presence of each other, and (c) to the best of their knowledge, the Testator was eighteen (18) years or older, of sound mind, and not under duress or undue influence.
__________
[NOTARY PUBLIC NAME]
Notary Public in and for the State of Iowa
My Commission Expires: __
(Seal)
[// GUIDANCE: A properly completed self-proving affidavit permits probate without in-court testimony of the witnesses, expediting administration under Iowa Code §§ 633.279–.280.]
DRAFTING NOTES
[// GUIDANCE:
1. Review creditor-claim periods and small-estate options under current Iowa probate procedures.
2. Consider separate tangible personal property lists (Iowa Code § 633.276) if numerous personal items will be gifted.
3. Discuss tax apportionment, marital deduction planning, and contingency trusts with the client for more complex estates.
4. Confirm that any “digital assets” directive is harmonized with Iowa’s Revised Uniform Fiduciary Access to Digital Assets Act, if relevant.
]
© 20XX. Prepared by [LAW FIRM / ATTORNEY NAME]. All rights reserved. This template is provided for attorney use only and must be reviewed for each specific matter.