Is An Online Will Legally Valid in Iowa?

Yes, online wills are legally valid in Iowa. However, there are steps you need to take to ensure it will hold up in court. Learn more about those rules below.

‍

Not to worry, FeedingBird makes it easy for families every step of the way.

What Makes an Online Will Legally Valid in Iowa?

Under Iowa Code 633.279, a valid will must be in writing, signed by the testator, declared by the testator to be their will, and witnessed by two competent people who sign in the presence of the testator and each other. Notarization is not required to make the will valid, but a notarized self-proving affidavit lets the court accept the will without requiring witness testimony later.

‍

Iowa does not recognize holographic (handwritten, unwitnessed) wills made in the state. A handwritten will still needs two witnesses to be valid, though Iowa will honor a properly executed holographic will that was made in a state that does recognize them.

What You Need to Know about Online Wills in Iowa

Estate laws can vary significantly by state and is complex to navigate. It's important to make sure your online will is structured correctly to avoid a long, expensive court process.

Iowa Property Laws

Iowa is not a community property state, but its succession rules distinguish real property, exempt personal property, and other personal property in a way most states do not. This mainly matters if you die without a will.

Iowa Probate

Most estates in Iowa go through probate court. Smaller estates with personal property worth $50,000 or less, and no real estate, may qualify for a simplified distribution by affidavit instead.

Avoiding Probate in Iowa

Probate can take time and involve costly court fees, people often prefer to avoid it altogether. Here are some ways you can do that.

• Put your assets in a revocable living trust. A living trust lets you keep control over your estate, and names a successor trustee to manage how assets are distrubuted after your death.

• Name beneficiaries on financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.

• Hold property as joint tenants with right of survivorship, which passes to the surviving owner outside of probate at the time of death.

Want to learn more about trusts? Discover what is included in a trust.