Estate plan requirements

Iowa

Everything your estate plan needs to be valid in Iowa: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRequired
Healthcare directive2 requiredNot required

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Iowa content last reviewed May 18, 2026.

1

Will

Iowa Code §633.264 et seq.

Witnesses: 2 required

Two competent witnesses must sign in the presence of the testator and each other (Iowa Code §633.279(1)); 'presence' includes electronic presence in real time (Iowa Code §633.279(5), 2023 Acts ch 133)

Witnesses together: Required

Iowa requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Iowa does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

ViewWitness disqualification / interested-witness rule
Iowa Code §633.281: a will is not invalidated because it was attested by an interested witness. Unless the will is also attested by two competent and disinterested witnesses, an interested witness forfeits so much of the provisions of the will as in the aggregate exceeds in value, as of the date of the decedent's death, that which the witness would have received had the testator died intestate.
2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Iowa Code §633B.105 (Iowa Uniform Power of Attorney Act, ch. 633B; optional form, Iowa Code §633B.301)

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged before a notary public. Iowa Code §633B.105
Durability is presumed unless the instrument expressly provides that it is terminated by the incapacity of the principal (Iowa Code §633B.104)
ViewWarning notice for the principal
IMPORTANT INFORMATION FOR YOU, THE PRINCIPAL: A PLAIN-LANGUAGE SUMMARY OF THE IOWA CODE §633B.301 DISCLOSURE This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is not entitled to compensation unless this power of attorney states otherwise. This power of attorney designates one agent. It does not name coagents who serve together. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately upon signature and acknowledgment unless the Durability / Effective Date Article of this power of attorney states otherwise. If you have questions about this power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
4

Durable Power of Attorney for Health Care

Iowa Code §144B.1-144B.12 (Durable Power of Attorney for Health Care); Iowa Code §144A.1-144A.12 (Life-Sustaining Procedures Act, governing the Living Will portion of this Healthcare Directive)

Witnesses: 2 required

Iowa requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Witness disqualifications (Iowa Code §144B.3(2)): attending health-care provider, employee of attending provider, the named attorney in fact, and any individual under 18 years of age
At least one witness must not be related to the principal by blood, marriage, or adoption within the third degree of consanguinity (§144B.3(3))
ViewWitness disqualification recital
Iowa Code §144B.3(2): a witness to the health care power of attorney may not be a health care provider attending the principal on the date of execution, an employee of such a provider, the individual designated as attorney in fact, or a person under eighteen. Iowa Code §144A.3(2)(a) applies the same provider, provider-employee, and age bars to the living will declaration, which names no agent to exclude. Under §144B.3(3) and §144A.3(2)(a), at least one witness must be a person who is not a relative of the principal by blood, marriage, or adoption within the third degree of consanguinity; a relative within that degree may serve as the other witness. Neither section disqualifies a witness who is entitled to a portion of the principal's estate. Both sections allow acknowledgment before a notarial officer within Iowa as an alternative to witnesses.
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6 more documents with a subscription

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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

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Electronic will status

Iowa has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Iowa has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Iowa authorized RON in 2019.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Iowa allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Iowa permanently authorized electronic-presence witnessing under §633.279(5) (added by 2023 Acts ch 133); 'presence' includes any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time. Counterparts execution permitted under §633.279(3) when remote signing is used.

Will

Allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Iowa for guidance specific to your situation.

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