LAST WILL AND TESTAMENT OF [[TESTATOR FULL LEGAL NAME]]
I, [[Testator Full Legal Name]], a resident of [[City, County, Iowa]], being of legal age (18 years or older), of sound mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby make, publish, and declare this instrument to be my Last Will and Testament. I hereby revoke all prior wills and codicils made by me at any time heretofore.
ARTICLE 1 - PERSONAL INFORMATION
1.1 Testator. I am [[Testator Full Legal Name]], born on [[Date of Birth]], residing at [[Full Address, City, County, Iowa, ZIP Code]].
1.2 Marital Status. I am currently:
- [ ] Single
- [ ] Married to [[Spouse Full Legal Name]]
- [ ] Widowed
- [ ] Divorced
1.3 Children. I have the following living children (biological, adopted, or legally recognized):
| Child Name | Date of Birth | Relationship |
|---|---|---|
| [[Child 1 Full Name]] | [[DOB]] | [[Biological/Adopted]] |
| [[Child 2 Full Name]] | [[DOB]] | [[Biological/Adopted]] |
| (Add additional rows as needed) | | |
(If no children: "I have no living children as of the date of this Will.")
ARTICLE 2 - EXECUTOR / PERSONAL REPRESENTATIVE
2.1 Appointment. I appoint [[Executor Full Legal Name]], residing at [[Executor Address, City, State, ZIP]], as Executor (Personal Representative) of my estate. If [[Executor Name]] is unable or unwilling to serve, I appoint [[Alternate Executor 1 Name]], residing at [[Alternate 1 Address]], as Alternate Executor. If that person is also unable or unwilling to serve, I appoint [[Alternate Executor 2 Name]] as Second Alternate Executor.
2.2 No Bond Required. My Executor shall serve without bond or surety, unless a court determines otherwise.
2.3 Executor Powers. I grant my Executor all powers available to a Personal Representative under the Iowa Probate Code, including Iowa Code § 633A.4101 et seq. (Iowa Trust Code, applicable to estate administration), and specifically the power to:
(a) Collect, manage, invest, and reinvest estate assets;
(b) Sell, lease, exchange, or otherwise dispose of any real or personal property at public or private sale, on such terms as the Executor deems appropriate;
(c) Pay or contest all lawful debts, claims, taxes, expenses of last illness, funeral and burial expenses, and costs of estate administration, in the order of priority established under Iowa Code § 633A.3102 et seq.;
(d) Retain any asset owned at my death, without liability for any decline in value, and without any obligation to diversify;
(e) Make any investment that a prudent person of ordinary intelligence would make, without restriction to investments permitted by law for fiduciaries;
(f) Employ attorneys, accountants, appraisers, financial advisors, and other professionals and pay their reasonable fees from estate assets;
(g) Distribute estate assets in cash or in kind, and allocate specific assets to different beneficiaries without requiring equality in market value among shares;
(h) Make all tax elections (including elections under I.R.C. §§ 2032, 2056, 754, 1014) as the Executor deems advisable;
(i) Execute, endorse, and deliver deeds, receipts, and other instruments necessary to carry out the Executor's duties; and
(j) Take any other action necessary or appropriate to settle and distribute my estate in an efficient and expeditious manner.
ARTICLE 3 - GUARDIAN FOR MINOR CHILDREN
3.1 Nomination. If at the time of my death any of my children are under the age of 18 and the child's surviving parent is deceased, legally incapacitated, or otherwise unable to care for the child, I hereby nominate [[Guardian Full Legal Name]], residing at [[Guardian Address, City, State, ZIP]], as guardian of the persons of my minor children. If [[Guardian Name]] is unable or unwilling to serve, I nominate [[Alternate Guardian Full Name]], residing at [[Alternate Guardian Address]], as Alternate Guardian.
3.2 Guardian's Powers. The guardian shall have the care, custody, and control of my minor children and shall act in their best interests in all matters relating to their health, education, welfare, and personal development.
3.3 No Bond Required. My nominated guardian shall serve without bond, unless a court determines otherwise.
3.4 Court Appointment. The appointment of a guardian requires court approval under Iowa Code § 633A.2201 et seq. This nomination shall receive the greatest weight permitted by Iowa law.
ARTICLE 4 - SPECIFIC BEQUESTS
4.1 Personal Property. I give, bequeath, and devise the following specific items of personal property to the individuals named below:
| Item Description | Beneficiary | Beneficiary's Address |
|---|---|---|
| [[Item 1: e.g., "2021 Ford F-150, VIN: ___"]] | [[Beneficiary 1 Full Name]] | [[Address]] |
| [[Item 2: e.g., "My grandfather's watch"]] | [[Beneficiary 2 Full Name]] | [[Address]] |
| [[Add additional specific bequests as needed]] | | |
(If no specific personal property bequests: "I make no specific bequests of personal property under this Article; all personal property passes as part of the Residuary Estate.")
4.2 Real Property. I give, bequeath, and devise the following real property:
| Real Property (Address/Legal Description) | Beneficiary | Share |
|---|---|---|
| [[Property Address / Legal Description]] | [[Beneficiary Full Name]] | [[100% / Share]] |
(If all real property passes through the residuary estate: "I make no specific devises of real property; all real property passes as part of the Residuary Estate.")
4.3 Cash Bequests. I give the following cash amounts:
| Amount | Beneficiary | Address |
|---|---|---|
| $[[Amount]] | [[Beneficiary Full Name]] | [[Address]] |
(If none: "I make no specific cash bequests.")
4.4 Charitable Bequests. I give the following to charity:
| Amount / Property | Charitable Organization | EIN / Address |
|---|---|---|
| $[[Amount]] or [[Describe Property]] | [[Charity Full Legal Name]] | [[EIN and Address]] |
(If none: "I make no charitable bequests.")
4.5 Predeceased Beneficiary - Specific Bequests. If any specific beneficiary named in this Article predeceases me, the bequest shall [[lapse and fall into the residuary estate / pass to the beneficiary's descendants per stirpes / pass to [alternate name]]], as specified in each bequest.
ARTICLE 5 - RESIDUARY ESTATE
5.1 Primary Residuary Beneficiary. I give, bequeath, and devise all of the rest, residue, and remainder of my estate, of every kind and nature and wherever situated (including any property over which I may have a power of appointment), that remains after specific bequests and payment of all debts and expenses (the "Residuary Estate"), to [[Primary Residuary Beneficiary Full Name]], if he/she/they survive me by [[30]] days.
5.2 Alternate Residuary Beneficiary. If [[Primary Residuary Beneficiary Name]] does not survive me by [[30]] days, I give the Residuary Estate to [[Alternate Residuary Beneficiary Full Name]], if he/she/they survive me by [[30]] days.
5.3 Per Stirpes to Descendants. If both the Primary and Alternate Residuary Beneficiaries predecease me or fail to survive me by [[30]] days, I give the Residuary Estate to my descendants then living, per stirpes, in accordance with Iowa Code § 633A.2108.
5.4 Intestate Succession. If I have no surviving beneficiaries or descendants, the Residuary Estate shall pass in accordance with the Iowa intestate succession laws, Iowa Code § 633A.2101 et seq.
ARTICLE 6 - SURVIVAL REQUIREMENT / SIMULTANEOUS DEATH
If any beneficiary and I die simultaneously, or under circumstances that make it uncertain who survived the other, such beneficiary shall be deemed to have predeceased me. No beneficiary shall be considered to have survived me unless he/she/they survives me by at least 30 days (720 hours). (Iowa Uniform Simultaneous Death Act, Iowa Code § 633A.2109.)
ARTICLE 7 - NO-CONTEST CLAUSE (IN TERROREM)
If any beneficiary or other person shall challenge, contest, or oppose this Will or any of its provisions, or shall seek to deny its admission to probate, such person shall forfeit all benefits under this Will, and such person's interest shall pass as if he/she had predeceased me.
ARTICLE 8 - PAYMENT OF DEBTS AND EXPENSES
8.1 Debts. My Executor shall pay all of my legally enforceable debts, funeral and burial expenses (consistent with my wishes in Section 8.2), expenses of last illness, and costs of administering my estate, to the extent my estate has sufficient assets, in the order of priority established by Iowa Code § 633A.3102.
8.2 Funeral and Burial. My preferences regarding funeral and burial are: [[State burial/cremation preferences, memorial wishes, or "See separate memorandum" or "Executor has complete discretion."]]
ARTICLE 9 - TAXES; TAX ELECTIONS
9.1 Iowa Inheritance Tax. Iowa phased out its inheritance tax beginning January 1, 2021 (Iowa Code § 450.1 et seq., as amended by H.F. 2641). Iowa inheritance tax was fully repealed effective January 1, 2025. No Iowa inheritance tax applies to deaths occurring on or after January 1, 2025. Federal estate taxes may still apply if the taxable estate exceeds the federal applicable exclusion amount (verify the current exclusion amount with an estate planning attorney, as TCJA sunset provisions may affect the exclusion after 2025).
9.2 Tax Elections. My Executor shall have full discretion to make all tax elections (including elections under I.R.C. §§ 754, 2032, 2032A, 2056, 6166) without liability for elections made in good faith.
9.3 Apportionment. All federal estate taxes and other death taxes shall be paid from the Residuary Estate and shall not be apportioned against specific bequests, unless otherwise required by law or by the terms of a specific bequest.
ARTICLE 10 - DIGITAL ASSETS
My Executor is authorized to access, manage, maintain, transfer, and distribute my digital assets and accounts (including email, social media accounts, digital financial accounts, cryptocurrency wallets, and any other digital property) to the extent permitted by law, including the terms of service of each platform and the Iowa Revised Uniform Fiduciary Access to Digital Assets Act, Iowa Code Ch. 633E (as enacted). I have left a memorandum with instructions regarding my digital assets with my Executor at: [[Location of digital asset memorandum - e.g., "in a sealed envelope with my attorney" / "in my home safe at [address]"]].
ARTICLE 11 - TRUST FOR MINOR BENEFICIARIES
If any beneficiary of this Will is under the age of [[21 / 25]] years at the time any distribution is to be made to him/her/them, the Executor shall hold that beneficiary's share in trust, as Trustee, until the beneficiary attains the age of [[21 / 25]] years, at which time the remaining trust principal and accumulated income shall be distributed outright to the beneficiary. During the trust term, the Trustee may (but is not required to) distribute income and principal for the beneficiary's health, education, maintenance, and support, in the Trustee's sole discretion.
ARTICLE 12 - ANTI-LAPSE; CHILDREN OF DECEASED BENEFICIARIES
Iowa Code § 633A.2110 (anti-lapse statute) applies to this Will. If a specific bequest is made to a beneficiary who is a descendant of the testator or the testator's parent, and that beneficiary predeceases the testator leaving descendants who survive the testator, the bequest shall not lapse but shall pass to such descendants per stirpes, unless this Will expressly states otherwise.
ARTICLE 13 - SEVERABILITY; INTERPRETATION
If any provision of this Will is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Will shall be construed and interpreted under the laws of the State of Iowa, including the Iowa Probate Code (Iowa Code Title XV, Subtitle 4, Ch. 633A). All gender references are intended to be gender-neutral.
ARTICLE 14 - EXECUTION
Testator's Signature
I, [[Testator Full Legal Name]], declare that this instrument is my Last Will and Testament; that I am of sound mind, of legal age, and not under duress, menace, fraud, or undue influence; and that I sign this Will as my free and voluntary act for the purposes stated herein.
Testator Signature: ________________________ Date: ___________
Printed Name: [[Testator Full Legal Name]]
Date: [[Date of Signing]]
Location: [[City, County, Iowa]]
Witness Attestation
(Iowa Code § 633A.2702: A will is validly executed if signed by the testator in the presence of at least TWO witnesses who sign within a reasonable time after witnessing the testator's signing. A witness who is also a beneficiary is not disqualified from being a witness in Iowa, but may face a challenge; it is best practice for witnesses not to be beneficiaries.)
We, the undersigned witnesses, each declare:
(1) The Testator signed or acknowledged the foregoing Will in our presence;
(2) The Testator appeared to us to be of sound mind and not under undue influence or duress;
(3) Each of us signed as a witness in the presence of the Testator and in the presence of each other;
(4) We are each at least 18 years of age; and
(5) Neither of us is a beneficiary under this Will (best practice).
Witness 1:
Signature: ________________________ Date: ___________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address, City, State, ZIP]]
Witness 2:
Signature: ________________________ Date: ___________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address, City, State, ZIP]]
Self-Proving Affidavit
(Iowa Code § 633A.2703: A self-proving affidavit, attached to the will and signed before a notary, means the will can be admitted to probate without requiring the witnesses to appear and testify.)
State of Iowa
County of [[County]]
We, [[Testator Full Legal Name]] (Testator), [[Witness 1 Full Name]] (Witness 1), and [[Witness 2 Full Name]] (Witness 2), being first duly sworn, declare to the Notary Public that:
- The foregoing instrument is the Testator's Last Will and Testament;
- The Testator signed and executed the Will as the Testator's free and voluntary act for the purposes therein expressed;
- Each of the witnesses signed the Will as a witness in the presence of the Testator and at the Testator's request;
- The Testator was at the time of execution of the Will of sound mind and under no constraint or undue influence; and
- Each witness is at least 18 years of age.
Testator: [[Testator Full Legal Name]]
Signature: ________________________ Date: ___________
Witness 1: [[Witness 1 Full Name]]
Signature: ________________________ Date: ___________
Witness 2: [[Witness 2 Full Name]]
Signature: ________________________ Date: ___________
NOTARY PUBLIC:
Subscribed and sworn to before me by [[Testator Name]], [[Witness 1 Name]], and [[Witness 2 Name]], on this [[Day]] day of [[Month, Year]].
Notary Public Signature: ________________________ My Commission Expires: ___________
(Notary Seal)
SOURCES AND DISCLAIMER
Governing Statutes: Iowa Code § 633A.2702 (execution requirements - 2 witnesses); § 633A.2703 (self-proving affidavit); § 633A.2701 (testamentary capacity - 18+ years, sound mind); § 633A.2108 (per stirpes distribution); § 633A.2109 (simultaneous death - Iowa Uniform Simultaneous Death Act); § 633A.2110 (anti-lapse statute); § 633A.3102 (order of payment of claims); § 633A.2101 et seq. (intestate succession); § 633A.2201 et seq. (guardianship); § 633A.4101 et seq. (trustee/executor powers); Iowa Code Ch. 633E (Revised Uniform Fiduciary Access to Digital Assets Act - digital assets); Iowa Code § 450.1 et seq. and H.F. 2641 (Iowa inheritance tax repeal - fully effective January 1, 2025). As of: June 2026. Iowa inheritance tax fully repealed effective 1/1/2025. Federal estate tax exemption - verify current amount with an estate planning attorney.
> TEMPLATE DISCLAIMER - NOT PROFESSIONAL ADVICE: This document is a template for informational purposes only and does not constitute legal advice. Iowa will-execution requirements are strict: failure to comply may result in an invalid will that is denied probate. Iowa's probate code was substantially revised in 2009. Consult a licensed Iowa estate planning attorney before signing any will or making estate-planning decisions.
