Iowa Last Will and Testament

In addition to testamentary trusts (i.e., trusts created through a last will and testament) that provide a benefit for people, Iowa law allows the creation of a “pet trust” under the provisions for lawful non-charitable trusts in order to provide for the care of an animal after its owner’s death. Iowa wills give you the opportunity to ensure the well-being of your pets after your death in this manner.

Before the terms of an Iowa will can be effectuated, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. In Iowa, small estates (those valued at under $25,000 and with no solely owned real property) may pass directly to beneficiaries without probate by filing a special affidavit.

Otherwise, the executor of an Iowa will must petition the probate court to request letters testamentary, and from there, the personal representative can proceed with the administration of the estate.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. Generally speaking, in Iowa in the absence of a will, a surviving spouse receives the entire estate of a decedent even if there are children shared by the decedent and spouse. If the decedent has descendants who are not shared with the spouse, the spouse inherits half of the intestate real estate and at least half of the intestate personal property so long as that share is worth at least $50,000.

If you have neither a surviving spouse nor a descendant, other relatives, including parents, siblings, and grandparents, will inherit depending on the closeness of the relation.

As you can see, if you would like to have control over the distribution of your assets, it is vital that you have a will.

Exceptions to ability to distribute property

Not all property you own can be distributed according to a will. For example, any property owned as a joint tenant with right of survivorship cannot be devised by will in Iowa. Beneficiaries of life insurance policies may also not be changed by a will.

Another important exception involves the spouse’s award. In Iowa, the surviving spouse is allowed one-third of the probate property of the decedent.

Form a last will in Iowa

The basic requirements for an Iowa last will and testament include the following:

• Age: The testator must be at least 18 years old or married.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in the testator’s presence, by the testator’s direction.
• Witnesses: An Iowa will must be signed by two individuals after they witness the testator signing the will.
• Writing: An Iowa will must be in writing.
• Beneficiaries: A testator can leave property to any beneficiary provided he or she is not a witness to the will.