Make a Iowa Last Will and Testament

Iowa State Last Will and Testament Laws

Definition of Will - 633.3(43)

Laws - Chapter 633 (Probate Code)

Witnesses - According to Section 633.279, the Will must be signed by two (2) witnesses who are both present when the Testator signs.

A Sample Iowa Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Do you know the name of the funeral home you want to use? If so, provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian who will care for them if you die while they are a minor, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

To execute the will, you sign it (as the Testator) in the presence of your two chosen witnesses. The two witnesses must also sign the document.

Why do you need an Iowa last will and testament form?

Creating a last will and testament is critical in the State of Iowa estate planning and for making sure that your assets and dependents are taken care of according to your wishes upon death. Any real estate, bank accounts, property, or other assets can be included in a will. You may also choose to make donations to charity in your will.

The benefits of having a will

While having a will isn’t a legal requirement in the State of Iowa, creating one allows you to determine the distribution of any wealth and assets and appoint a guardian to any surviving dependents upon your death.

• Creating a will in Iowa also allows for any charitable donations and trusts for any surviving dependents.
• It also allows for you to appoint any guardianship of surviving dependents as well as outlining guardianship guidelines.
• Iowa wills also allow for pet trusts to be included.
• Small estates worth $25,000 or less can be distributed without going through formal probate as long as an affidavit is filed.

The costs of not having a will

Without a valid will in Iowa, intestacy laws will be enacted meaning that any surviving spouse will inherit the entirety of the deceased’s estate if dependents are shared between them. Any dependents that are not shared with the deceased will split the estate with the surviving spouse not to equal less than $50,000 per share, including any owned property. If no surviving spouse or dependents exist, the court will find the next closest surviving relative. If no relative is located, the property is claimed by the state.