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

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	None required	Required
Healthcare directive	2 required	Not required

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Iowa content last reviewed May 18, 2026.

Will

Iowa Code §633.264 et seq. (execution requirements at Iowa Code §633.279)

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

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

State-specific notes

•A beneficiary may serve as a witness, but unless two competent disinterested witnesses also sign, the beneficiary-witness forfeits everything this will gives them above what they would have inherited without a will. Use two witnesses who inherit nothing (Iowa Code §633.281).

ViewSelf-proving affidavit wording

State of Iowa ) County of _______________ ) ss We, {testatorName}, _______________ and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, declare to the undersigned authority that at the date of the instrument, we all knew the identity of each other; the instrument was exhibited to the witnesses by the testator, who declared it to be the testator's last will and testament and was signed by the testator or by another at the direction of the testator at _______________, in the County of _______________, State of _______________, on the date shown in the instrument, and in the presence of each other as subscribing witnesses; that we, as witnesses, declare to the undersigned authority that in our presence the testator executed and acknowledged such will as the testator's will and that we, in the testator's presence, at the testator's request, and in the presence of each other, did subscribe our names thereto as attesting witnesses on the date of such will; and that the witnesses were sixteen years of age or older. ___________________________________ {testatorName}, Testator ___________________________________ Witness ___________________________________ Witness Subscribed, sworn and acknowledged before me by {testatorName}, the testator; and subscribed and sworn before me by _______________ and _______________, witnesses, this _____ day of ______________ (month), ______ (year). ___________________________________ Signature of notarial officer (Stamp) Title of office: ___________________________________ My commission expires: ___________________________________

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.

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

Certification of trust: Iowa Code §633A.4604

Iowa lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Iowa Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Iowa Code §633A.4604(6) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts shall be liable for damages, including attorney fees, incurred as a result of the refusal to accept the certification or excerpts in lieu of the trust instrument, if the court determines that the person acted unreasonably in requesting the trust instrument.

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

•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.

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 durable power of attorney for health care may not be a health care provider attending the principal on the date of execution, an employee of a health care provider attending the principal on the date of execution, 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 of the two witnesses must be an individual 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 require the two witnesses to be present together with the principal when the document is signed, so serial witnessing does not satisfy either, and both 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. The free packet includes it too whenever it has a healthcare directive.

In this state: Iowa keeps mental health information and HIV-related test results under their own consent statutes rather than under HIPAA alone. Iowa Code §228.2(1) bars disclosure of mental health information except through the routes chapter 228 names, and §228.3(1) prescribes five things the individual's written authorization must contain, including a statement advising the individual of the right to inspect the disclosed information -- a requirement no general HIPAA authorization carries. Iowa Code §141A.9(1) makes HIV-related information strictly confidential and §141A.9(2)(b) releases test results only to a person who secures a written release executed by the subject of the test. The addendum makes this authorization serve as both

Nomination of Conservator / Guardian of the Person and Estate

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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State-specific signing guide	Included in free	Included in paid tier
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Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
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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. What Iowa's answer comes to is narrow: a notarial act cannot stand in for the two competent witnesses Iowa Code §633.279(1) requires, who must sign in the presence of the testator and of each other. It is not a rule that the self-proving affidavit must be notarized in person. Iowa Code §9B.14A authorizes an Iowa notary public to perform a notarial act using communication technology for a remotely located individual, on the identification, record-confirmation and audio-visual-recording conditions §9B.14A(3) sets; §9B.14A(4) requires the certificate of notarial act to indicate that the act was performed using communication technology, and §9B.14A(7) requires the notary to have notified the secretary of state before the first such act and to use technology conforming to any standards the secretary has adopted. Iowa Code §633.279(2)(a) separately requires the affidavit to be made before a person authorized to administer oaths and take acknowledgments under Iowa law and to be evidenced by that person's certificate under seal. Ask your notary whether they perform remote notarial acts and will do so for a self-proving affidavit; not every Iowa notary does, and an in-person appointment is the simpler plan.

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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