Safeguard your loved ones
with Will in a Day®
Your passing should be a time for friends and family to celebrate your life, not stress over legal matters.
Will in a Day® is a comprehensive
estate-planning package available for a flat fee that includes:
A last will and testament
Power of attorney documents
Living Will
A testamentary trust for those with minor children
Now is the time
Do you worry about what your loved ones will do if something happens to you?
If so, Will in a Day® is for you. In less than two hours, you will have the documents you need to accomplish your goals. You are the only person who has to sign documents for your individual estate planning, so it is as simple as booking an appointment.
Take steps now to ease the burden and costs of your estate for your family. Your estate plan is for those that survive you. Let your legacy be one of memories of your life, not of fights after your death about money and property.
When you leave the Will in a Day® meeting, you can feel confident that you’ve done everything you can to take care of your family. You didn’t just create a will, you gained lifelong peace of mind.
The Process
You can get your will and power of attorney documents finalized and signed without leaving your house.
Book your appointment directly on my calendar.
Receive an intake form in advance to complete.
Meet in person (90 minutes), over Zoom (60 minutes), or in your home (120 minutes) to discuss and finalize your estate-planning documents.
Sign your documents in the presence of witnesses and have us notarize them. This can be done at the end of the in-person or in-home meeting or at a separate time after a virtual meeting.
Store your completed documents in a safe place and tell your executor where they are.
Change your perspective
You may feel like you aren’t wealthy enough for estate planning, especially if you have a mortgage or have assets that aren’t easily liquidated.
But you almost certainly have something worth protecting. Instead of looking at assets on hand, look at how those assets would be valued upon your death.
A retirement account with $60,000 doesn't provide much value today, because it would cost $6,000 to complete a withdrawal. But funding a trust with that amount can provide a nice inheritance for your beneficiaries.
Why an asset-transfer plan matters
During our meeting, we’ll discuss how to secure a stress-free transfer of your assets to your beneficiaries.
Learn whether your real estate will transfer by law or if probate will be required.
Discuss how bank accounts and stocks can be transferred by law without the need for probate.
Learn how your investment plans and life insurance can fund a trust for your minor child.
Discover whether you need to update the beneficiaries for your retirement plan.
Discuss the role of a trustee for a minor’s testamentary trust.
Learn whether your goals for your assets can be achieved through your will.
What Iowans Are Saying
“I would highly recommend Hope Wood. My husband and I recently had her complete a Will in a Day package for us and the process was extremely smooth and very time efficient.”
— Felicia C.
“Creating your last will and testament could certainly be a very awkward and stressful thing to think about but Hope made the whole process so simple and painless.”
— Allison C.
“The process I had with Hope in drawing up a will couldn't have been easier or more affordable.”
— Kathryn D.
Pricing
$550
Single Person
$950
Married Persons
Note: Parents with minor children will have a testamentary trust in their will.
FAQs: Last Will and Testament
Process
Basics
Do I need a will?
Yes, a resounding yes! A will is as much for your loved ones as it is for you. You want your legacy to be one of meaningful memories, not family fights.
What are the benefits of having a will?
A will appoints an executor to distribute your personal property. Without an appointed executor, your heirs must work together to divide your belongings, sell your car, and handle other assets you own. Often, the heirs do not agree on what to do, especially since grief inflames emotions and makes it difficult to think things through rationally.
A will also saves time and money for your loved ones. If an asset is required to transfer through the court-supervised probate process, a bond must be obtained, and court-approval is required for major transactions like the sale of a home. In your will, you can waive the bond requirement, which pays the bond using assets from the estate. A waiver of bond saves money and time. You can also waive court approval for the sale of a home.
A will allows you to pass on gifts of money or property to a person or organization who would otherwise not inherit under Iowa law. If you don’t have a will, Iowa law determines who receives your assets.
A will allows you to appoint a person to be the guardian for your minor children if both parents pass away. The guardianship will last until the child turns 18 years old. Note that, when a court-ordered custody agreement is not in place, you can appoint a non-parent guardian in your will. This requires careful drafting and a legal analysis of your situation.
What are the requirements for a valid will in Iowa?
In general, the will requirements in Iowa include:
The testator (the person making the will) must declare it is their own will and ask two people to act as witnesses.
The will must be in writing, signed by the testator.
The will must be signed In the presence of two competent witnesses.
The witnesses must also sign the will.
Note: The full law on a valid will in Iowa is included in Iowa Code 633.279.
What is a simple will?
There is no legal differentiation between types of wills. If a law firm is offering a simple will, it likely means there is no asset transfer planning or review (also called estate planning) and that the will does not contain a testamentary trust.
What is a beneficiary?
A beneficiary is an individual named in a legal document (such as a will or contract) who will receive your assets upon your death.
What is an heir?
An heir is a descendant as defined under law. Heirs receive assets when when no beneficiary is named. Distributions to heirs are controlled by Iowa law. (See Iowa Code 633.219)
If I have a will, does the inheritance tax still apply?
For deaths occurring in 2025, the answer is no. Until then, the State of Iowa requires inheritance tax for certain heirs. There are exemptions to the tax for some relationships; inheritance tax is not required for a spouse, children, grandchildren, great-grandchildren, or parents.
In your will, you may state that inheritance tax is paid from the assets of the estate. For example, a sibling, cousin, or personal friend will be required to pay several thousand dollars in inheritance tax on the gift you leave for them. View inheritance tax requirements in Iowa.
What is the difference between a last will and testament and a living will?
A living will is a document that directs the use of life-sustaining procedures during your lifetime. Through a living will, you can direct your attending physician not to use—or to stop using—life-sustaining measures if you are unable to participate in the decision.
In contrast, a last will and testament is used after your death, and it only relates to the financial assets you own at death.
In short, a living will applies to your physical person, and a last will and testament applies to your personal property and real estate.
Process
Can I write my own will?
The answer is a qualified “yes” — followed by a big BUT. A will must meet several requirements to be considered valid under Iowa law. If those requirements are not met, your will could be contested and possibly voided by a court.
When you write your own will, you lose the peace of mind that comes from knowing that everything is taken care of for your loved ones. That peace of mind is certainly worth the few hundred dollars it takes to have an attorney prepare your estate documents for you. Learn more about writing your own will.
Do I need a lawyer to write a will?
There is no legal requirement to use a lawyer to draft a will. However, there are many several critical reasons to hire a lawyer to create your will. An experienced attorney who prepares a will and provides asset-transfer planning (i.e., estate planning) is the best investment for your loved ones.
The importance of using an experienced attorney to prepare a will cannot be overstated. A will is only part of the process to ensure that your assets transfer to your heirs without headaches. An experienced attorney like Hope Wood, JD, not only prepares a will but also provides asset-transfer planning and power of attorney documents for financial and health care decisions.
How much does a will cost?
A DIY will doesn’t cost anything. You can also purchase forms online or in an office supply store for a nominal amount. However, there are disadvantages to all of these options. The DIY and purchased will form won’t offer the peace of mind you’re seeking because the will may not be valid, and you can’t predict whether your wishes will be fulfilled.
On the other hand, using a “low-cost” attorney means you won’t get to discuss how your assets transfer after your death.
A will is only part of the process to assure your assets transfer to your heirs without headaches. The affordable Will in a Day® package includes an asset transfer plan, as well as health care and financial powers of attorney documents. The cost is a flat fee based on your family situation. See what you might pay for a will with Hope Wood, JD.
Can I make a will online?
Some businesses do sell a last will and testament form. You may be able to fill out the form online or print the form from an online will business. However, this form only gets you halfway through the process. A will is only valid if it is signed in the presence of two witnesses.
A will is a single part of your asset transfer plan for your family, but it is not the entire plan. An online form may say the right thing, but it may not do the right thing for your situation. For example, if an asset is incorrectly titled, then your family may end up in probate court or the asset may transfer to an unintended person.
Can I create a will without leaving home?
Yes, in some circumstances. A will can be drafted and provided to the testator (the person signing the will) with instructions from a qualified, Iowa-licensed attorney on how to sign the document to ensure it will be enforceable in court. Two witnesses, who cannot inherit under the will or by law, are required to watch you sign the document.
At the beginning of the COVID-19 pandemic, Hope Wood, JD, began offering virtual wills. The Iowa governor waived the in-person signing requirement in a disaster proclamation. Hope Wood, JD, has become the premier law firm in Iowa preparing wills virtually, no matter where in the state you live. Book a virtual appointment.
Who should I appoint as my executor?
The executor is the person named in the will to carry out its provisions. You should choose someone responsible, organized and trustworthy. You should also select a successor executor, in case the primary executor declines the appointment after you are deceased.
You do not need consent from the person you appoint as your executor. The appointed executor does not sign the will. It is helpful to discuss your intentions with that person in advance, but you don’t need to do so to get your will completed and signed.
Spouses commonly name each other as the executor of their wills, but it is not required.
If you own substantial assets, you could name a bank or financial institution. A financial institution will charge for their role as executor, whereas an individual may waive their legal right to receive compensation for their services.
Who can witness a will?
Iowa law requires two individuals for the witnessing of a Will. It is strongly recommended to use uninterested individuals as witnesses. A witness should not be a named beneficiary of the will or one of the signer’s descendants. A family member through a marriage, who is not named in the Will, can be a witness. For example, a daughter-in-law can witness a will for a mother-in-law. It is best not to use anyone with a relationship to the family, but sometimes that is unavoidable. A person who may inherit under the will or under the laws of intestacy can witness the will, but that person then forfeits a certain part of the inheritance. (See Iowa Code 633.281).
Instructions in the video below to sign a Last Will and Testament in Iowa.
What does a witness do?
A witness does not get a copy of the will and does not have the authority to read the will. The signer declares that the document is their last will and testament and asks for each individual to be a witness to the signer’s execution (signing) of the will. The signature of the witness typically follows a paragraph like the following:
“The foregoing instrument, consisting of ____ (____) pages, including this page, was declared by Ron Swanson in our view and presence to be his Will and was signed and subscribed by Ron Swanson in our view and presence and at his request and in the view and presence of Ron Swanson and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Ron Swanson on this the ____ day of _____, 202_.”
Do witnesses need to be physically present for the signing?
Yes, The Proclamation of Disaster Emergency that was in place in Iowa during the beginning of the pandemic that authorized remote witnessing of legal documents has ended. Last Will and Testament must be witnessed in person.
Does a will need to be notarized?
A notarized affidavit is not required for a will to be valid in Iowa. However, there are advantages to having your will notarized.
The legal term for a notarized will is a “self-proved will.” An affidavit to create a self-proved will may be made at the time the will is signed or after the signing. A self-proved will is an affidavit of the testator and witnesses who signed and witnessed the will in one another’s presence. The testator and witnesses sign the affidavit and the notary public signs and seals the affidavit. The affidavit is kept with the Will; it is not an actual page of the will.
The benefit of having a self-proved will is that the witnesses do not have to be found later to testify that they were present at the time of the signing of the Will. A search for a witness creates an unnecessary cost for the estate and often results in a long delay. If a witness cannot be found, there will be additional court documents and attorney fees. In contrast, a self-proved will may be admitted to the court in probate without the testimony of witnesses.
Note: The language for a self-proved will is available in Iowa Code 633.279(2)(a).
Who can notarize a will?
A notary public who is qualified through their own state to act as a notary public. Until recently, a notary public had to be in the same room as the signer for the document to be legally notarized. Now, the signer can be on a different continent and have a document notarized through a Remote Online Notary (RON).
Should I file my will with the court?
Iowans can file their original will with the Clerk of Court in their county. However, you’re not required to file your will. In some circumstances, doing so can even cause issues, like when an amended or revoked will is not updated with the Clerk.
Updating and Revoking a Will
How do I update my will?
A will can be updated and amended at any time. An amendment, legally called a codicil, must also be signed and witnessed. If there are several amendments, you may want to consider revoking the entire will and executing a new will. An amendment has to be written carefully so it does not conflict with certain provisions of your will.
Do I need to update my will after a divorce?
You are not required to update your will after a divorce in Iowa, but it is highly encouraged. A will that includes an ex-spouse makes it difficult for your survivors, because it is likely to leave everything to that individual.
If you don’t update your will after a divorce, the Iowa does provide some protection (See Iowa Code 633.271). After a marriage is dissolved, any provisions that favor the ex-spouse or relatives of the ex-spouse are revoked, unless the will specifically states that the gifts and appointments survive the dissolution of the marriage.
If you would like the ex-spouse to inherit certain assets, you will want to create a new will.
Do I need to update my will if I have more children?
If this is your first child, you should get a new Will that includes the appointment of a guardian and creates a testamentary trust.
If you have additional children born or adopted to you, it is not legally necessary to update your Will. Iowa Code Section 633.267 fills the gap if your Will is silent as to a child. It states that unless it appears from the Will that the omission was intentional, children born or adopted after the execution (signing) of your Will receive a share equal in value as if there was not a Will and they inherited under the laws of intestacy.
For sentimental reasons, you may want to add your Child to your Will. An amendment to a Will is called a Codicil. A Codicil should only be prepared by an attorney because it has the same legal requirements as a Last Will and Testament.
If your Will was prepared by Hope Wood JD, contact us for the simple process to amend your existing Will.
How do I revoke a will?
A will in Iowa can be revoked in whole or in part only by being canceled or destroyed by an intentional act on the direction of the testator, with the intent to revoke the will. If you wish to cancel your will,you must sign the cancellation in the presence of two in-person witnesses.
A will that has been revoked cannot be revived unless the testator signs in the presence of two witnesses and follows the other requirements to create a legal, valid will.
A will can also be revoked by executing a new will, which automatically revokes the prior will. In that case, all prior wills should be destroyed.
If an amendment (codicil) to the will is validly executed, it preserves the will and replaces or supplements specific provisions of the will. A well-drafted codicil does not terminate the will itself, but it can terminate specific parts of the will. (See Iowa Code 633.284.)
Parents and Families
What is a testamentary trust?
A testamentary trust is written into a will and is only effective if the conditions named in the will occur. A testamentary trust is funded by naming the trustee as the beneficiary for your financial assets after your death. For example, in a life insurance policy, you can name as a beneficiary: “Leslie Knope as Trustee of the Ron Swanson Testamentary Trust.”
A trust isn’t just for people with large assets. And, in most families, it isn't for tax-planning purposes. A testamentary trust is part of your will and takes effect on your death; there is no management of the trust during your lifetime.
Trusts for minor children: A basic will—one that you can purchase online or through an office supply store—will not include a trust. Will in a Day® for parents with minor children automatically includes a testamentary trust. Without the trust, minor children will have access to their full inheritance at age 18. In the trust, you set out what ages and what amounts are distributed to the children.
Trusts for surviving spouse and adult children: A revocable trust in tandem with a will can prevent your assets from being subject to the court's probate process. Creating a revocable trust means a surviving spouse doesn't have to update his or her will in the future to avoid probate for adult children beneficiaries.
Life insurance and trusts: The easiest way to fund a trust for your children is to take out a life insurance policy and name the trust as the beneficiary. A life insurance policy can also be designated to pay for your funeral and burial, which costs an average of $10,000. Without planning, these costs have to be paid by the survivors.
What is a revocable trust?
Creating a revocable trust is like creating a business that is separate from you as an individual. A revocable trust is not a person, just like an LLC. This is why the assets of the trust are not required to go through the court-supervised probate process to transfer to beneficiaries. However, a trust must be created and funded correctly in order to be an effective asset-transfer plan.
A revocable trust requires two things:
A legal written document naming the grantor, trustee, and beneficiary, with a notarized signature by the grantor
Assets titled in the name of the trust
The legal, written document identifies the grantor (also called a settlor or trustor) as the person who is transferring the assets into the name of the trust. A joint trust has multiple grantors and is common for spouses or a group of family members.
A trust names a beneficiary or group of beneficiaries. The grantor can be the beneficiary during their lifetime, but the trust must name another beneficiary to be valid. A trust also names an event or events when the trust must terminate and the assets be distributed to the named beneficiaries.
A revocable trust can be amended or completely revoked with the consent of all of the trustees. In contrast, an irrevocable trust cannot be amended or revoked.
A revocable trust is a document separate from your will. It is only effective after it is signed and funded. Opening a bank account in the name of the trust and depositing a nominal amount of money is all that is necessary to fund the trust. If the trust is not funded, it is not valid.
A revocable trust is more expensive than a testamentary trust, but it can save your beneficiaries from having to go through the court-supervised probate process. It is also a private document, whereas a testamentary trust is filed with the court and is court-supervised.
Who should I appoint to be the guardian of my children in my will?
You want to name a guardian, along with an alternate guardian, who is someone you trust to stand in your shoes as a parent. It’s best if the guardian lives close to where you live, but it is not required. You can appoint someone who lives in a different state, but, in that case, your child(ren) may need to move. The guardian is not required to move to where the children live.
If you are unsure of who to appoint as a guardian, ask yourself who would file a petition with the court to be appointed as the child’s guardian. Do you want that person to be appointed? Would you prefer someone else? Would there be competing petitions, like maternal and paternal grandparents competing for the appointment?
If you do not appoint a guardian in your will, you are placing your child(ren) in an emotionally difficult situation. Remember that you can always amend your will in the future to change the guardian. Don’t let uncertainty about who to appoint prevent you from completing your will. Name the most appropriate person at this stage in your life with the understanding that you can change your will at a later date.
Do I need the guardian’s consent to name them in my will?
No. The person named in your will must still file a petition with the court in order to be appointed as a guardian. And they can decline the appointment. This is why you should list one or more alternate guardians in your will.
What if both grandparents want to be appointed as a guardian?
Your will is a private document, and you do not have to inform the appointed guardian of their inclusion in your will. If you appoint one grandparent in lieu of the other, it doesn’t prevent the non-appointed grandparent from intervening in the court action. However, a guardian appointed in a parent’s will is given preference by the Court if that person is qualified and suitable. (See Iowa Code 232D.308)
How do I prevent the other parent of my child from getting custody if I die?
Every child has a legal parent from birth unless there is a court order terminating legal rights. It is possible for a non-parent to be appointed the guardian of your minor child if you die, but there are very specific legal steps that must be taken in advance for your wishes to be fulfilled.
To make your intention known to the court, you must appoint a guardian in your will. Then, after your death, the person you appoint has to petition the court to be appointed the child’s guardian. The legal parent can consent to the guardianship. (See Iowa Code 232D.203)
If the legal parent does not consent, then a hearing will be scheduled. At the hearing, the person appointed as guardian in the will (the petitioner) must prove by clear and convincing evidence that:
They are serving as a de facto guardian
There has been a proven lack of consistent parental participation in the life of the minor by the parent.
See Iowa Code 232D.204(1)(b) for a list of factors the court may consider.
If the petitioner does not know the location of the parent, he or she must make diligent efforts to locate the parent. This includes using a skip trace, which can typically be done for a flat fee by a private investigator. Other diligent efforts include asking friends and family that know the parent and searching social media and court records.
How do I prevent my children from blowing through their inheritance?
A testamentary trust is an inexpensive way to extend the life of the assets you leave for your children. It appoints a trustee who manages and distributes the funds on behalf of your designated beneficiaries.
If you choose the Will in a Day® package and have children under the age of 18, your will automatically includes a testamentary trust. Assets held in a trust are not accessible by the beneficiary. A testamentary trust is written in a will and is only effective when the conditions of your will are satisfied.
One of the conditions is that you and your spouse have passed away, and another is that the child has reached an age at which you are comfortable with them receiving their full inheritance. A common age selected by parents is 25.
A testamentary trust is an inexpensive way to keep your child(ren) from blowing through their inheritance. It authorizes the trustee to distribute the assets at their discretion while also following the instructions of the trust. The testamentary trust also indicates reasons the assets can be distributed, such as for health care, education, and cost-of-living expenses.
Special Life Circumstances
Do I need a will if I’m not married?
Yes! A will may be even more important if you’re unmarried. If all of your assets are titled or owned in your name and you do not have a will, they will transfer under Iowa intestate laws. If you don’t want your assets transferring to heirs as determined by Iowa law, then you will need a will and asset transfer plan.
A will allows you to gift belongings to other family members or friends. Or you may want to leave a charitable gift to your favorite nonprofit organization. A will and asset transfer plan alleviates the burden on your surviving friends and family because it describes your wishes for your personal belongings and assets.
My parents need a will. What can I do?
A will is a private document, and each person has to meet the mental competence requirements to sign their own will. No one else can give instructions for the drafting of the will or sign it.
However, an adult child can support their parent by referring them to an attorney to assist with the process and even helping them make the appointment. The parent must attend the appointment, but it is up to the attorney to decide whether to allow the adult child in the room.
To encourage your parents to get a will, explain that the will is for their survivors and not for themselves. It is a love letter to their family members. Without a will, disagreements over the sale and distribution of personal property may occur. It is often scary to think about the end of life, but knowing there is a will in place provides peace of mind.
Can someone with dementia get a will?
Possibly. It depends on the mental competence of the individual at the time of signing.
A will is possible if the individual has:
A full and intelligent knowledge of the act in which they are engaged (signing their own will)
A full knowledge of the property they possess
An intelligent perception and understanding of the disposition they desire to make of the property and of the people who will be transferred to
Even if someone doesn’t have sufficient mental capacity to make a contract or to attend to ordinary business matters, they may still be able to make a will. See Willer v. Dohse, 225 Iowa 606 (1938).
What if my spouse or beneficiary dies around the same time as me?
Even if many of your assets are held in joint ownership or have a beneficiary designation, it is important to set a contingency plan in place in case the joint owner or beneficiary dies around the same time.
For example, it’s not uncommon for elderly spouses to die within the same year as each other. When the surviving spouse dies, the assets are in single ownership and often transfer through a will.
How do I get a copy of someone else’s will?
While a person is alive, they do not have to provide or disclose the contents of their will to anyone else. The only exception is a court-appointed conservator, who is required to submit the testator’s will to the Clerk of Court for the county where the conservatorship was established.
After the testator passes away, the person in possession of the will should provide a copy. If they don’t, a petition can be filed with the court to require the production of the will by the person believed to be in possession of the will. (See Iowa Code 633.290)
There is a legal requirement for the person with custody of a will to file the will with the Clerk of Court after the testator passes. This is typically done in the county where the decedent had a homestead or permanent residence. (See Iowa Code 633.285)
FAQs: Last Will and Testament
Process
Basics
Do I need a will?
Yes, a resounding yes! A will is as much for your loved ones as it is for you. You want your legacy to be one of meaningful memories, not family fights.
What are the benefits of having a will?
A will appoints an executor to distribute your personal property. Without an appointed executor, your heirs must work together to divide your belongings, sell your car, and handle other assets you own. Often, the heirs do not agree on what to do, especially since grief inflames emotions and makes it difficult to think things through rationally.
A will also saves time and money for your loved ones. If an asset is required to transfer through the court-supervised probate process, a bond must be obtained, and court-approval is required for major transactions like the sale of a home. In your will, you can waive the bond requirement, which pays the bond using assets from the estate. A waiver of bond saves money and time. You can also waive court approval for the sale of a home.
A will allows you to pass on gifts of money or property to a person or organization who would otherwise not inherit under Iowa law. If you don’t have a will, Iowa law determines who receives your assets.
A will allows you to appoint a person to be the guardian for your minor children if both parents pass away. The guardianship will last until the child turns 18 years old. Note that, when a court-ordered custody agreement is not in place, you can appoint a non-parent guardian in your will. This requires careful drafting and a legal analysis of your situation.
What are the requirements for a valid will in Iowa?
In general, the will requirements in Iowa include:
The testator (the person making the will) must declare it is their own will and ask two people to act as witnesses.
The will must be in writing, signed by the testator.
The will must be signed In the presence of two competent witnesses.
The witnesses must also sign the will.
Note: The full law on a valid will in Iowa is included in Iowa Code 633.279.
What is a simple will?
There is no legal differentiation between types of wills. If a law firm is offering a simple will, it likely means there is no asset transfer planning or review (also called estate planning) and that the will does not contain a testamentary trust.
What is a beneficiary?
A beneficiary is an individual named in a legal document (such as a will or contract) who will receive your assets upon your death.
What is an heir?
An heir is a descendant as defined under law. Heirs receive assets when when no beneficiary is named. Distributions to heirs are controlled by Iowa law. (See Iowa Code 633.219)
If I have a will, does the inheritance tax still apply?
For deaths occurring in 2025, the answer is no. Until then, the State of Iowa requires inheritance tax for certain heirs. There are exemptions to the tax for some relationships; inheritance tax is not required for a spouse, children, grandchildren, great-grandchildren, or parents.
In your will, you may state that inheritance tax is paid from the assets of the estate. For example, a sibling, cousin, or personal friend will be required to pay several thousand dollars in inheritance tax on the gift you leave for them. View inheritance tax requirements in Iowa.
What is the difference between a last will and testament and a living will?
A living will is a document that directs the use of life-sustaining procedures during your lifetime. Through a living will, you can direct your attending physician not to use—or to stop using—life-sustaining measures if you are unable to participate in the decision.
In contrast, a last will and testament is used after your death, and it only relates to the financial assets you own at death.
In short, a living will applies to your physical person, and a last will and testament applies to your personal property and real estate.
Process
Can I write my own will?
The answer is a qualified “yes” — followed by a big BUT. A will must meet several requirements to be considered valid under Iowa law. If those requirements are not met, your will could be contested and possibly voided by a court.
When you write your own will, you lose the peace of mind that comes from knowing that everything is taken care of for your loved ones. That peace of mind is certainly worth the few hundred dollars it takes to have an attorney prepare your estate documents for you. Learn more about writing your own will.
Do I need a lawyer to write a will?
There is no legal requirement to use a lawyer to draft a will. However, there are many several critical reasons to hire a lawyer to create your will. An experienced attorney who prepares a will and provides asset-transfer planning (i.e., estate planning) is the best investment for your loved ones.
The importance of using an experienced attorney to prepare a will cannot be overstated. A will is only part of the process to ensure that your assets transfer to your heirs without headaches. An experienced attorney like Hope Wood, JD, not only prepares a will but also provides asset-transfer planning and power of attorney documents for financial and health care decisions.
How much does a will cost?
A DIY will doesn’t cost anything. You can also purchase forms online or in an office supply store for a nominal amount. However, there are disadvantages to all of these options. The DIY and purchased will form won’t offer the peace of mind you’re seeking because the will may not be valid, and you can’t predict whether your wishes will be fulfilled.
On the other hand, using a “low-cost” attorney means you won’t get to discuss how your assets transfer after your death.
A will is only part of the process to assure your assets transfer to your heirs without headaches. The affordable Will in a Day® package includes an asset transfer plan, as well as health care and financial powers of attorney documents. The cost is a flat fee based on your family situation. See what you might pay for a will with Hope Wood, JD.
Can I make a will online?
Some businesses do sell a last will and testament form. You may be able to fill out the form online or print the form from an online will business. However, this form only gets you halfway through the process. A will is only valid if it is signed in the presence of two witnesses.
A will is a single part of your asset transfer plan for your family, but it is not the entire plan. An online form may say the right thing, but it may not do the right thing for your situation. For example, if an asset is incorrectly titled, then your family may end up in probate court or the asset may transfer to an unintended person.
Can I create a will without leaving home?
Yes, in some circumstances. A will can be drafted and provided to the testator (the person signing the will) with instructions from a qualified, Iowa-licensed attorney on how to sign the document to ensure it will be enforceable in court. Two witnesses, who cannot inherit under the will or by law, are required to watch you sign the document.
At the beginning of the COVID-19 pandemic, Hope Wood, JD, began offering virtual wills. The Iowa governor waived the in-person signing requirement in a disaster proclamation. Hope Wood, JD, has become the premier law firm in Iowa preparing wills virtually, no matter where in the state you live. Book a virtual appointment.
Who should I appoint as my executor?
The executor is the person named in the will to carry out its provisions. You should choose someone responsible, organized and trustworthy. You should also select a successor executor, in case the primary executor declines the appointment after you are deceased.
You do not need consent from the person you appoint as your executor. The appointed executor does not sign the will. It is helpful to discuss your intentions with that person in advance, but you don’t need to do so to get your will completed and signed.
Spouses commonly name each other as the executor of their wills, but it is not required.
If you own substantial assets, you could name a bank or financial institution. A financial institution will charge for their role as executor, whereas an individual may waive their legal right to receive compensation for their services.
Who can witness a will?
Iowa law requires two individuals for the witnessing of a Will. It is strongly recommended to use uninterested individuals as witnesses. A witness should not be a named beneficiary of the will or one of the signer’s descendants. A family member through a marriage, who is not named in the Will, can be a witness. For example, a daughter-in-law can witness a will for a mother-in-law. It is best not to use anyone with a relationship to the family, but sometimes that is unavoidable. A person who may inherit under the will or under the laws of intestacy can witness the will, but that person then forfeits a certain part of the inheritance. (See Iowa Code 633.281).
Instructions in the video below to sign a Last Will and Testament in Iowa.
What does a witness do?
A witness does not get a copy of the will and does not have the authority to read the will. The signer declares that the document is their last will and testament and asks for each individual to be a witness to the signer’s execution (signing) of the will. The signature of the witness typically follows a paragraph like the following:
“The foregoing instrument, consisting of ____ (____) pages, including this page, was declared by Ron Swanson in our view and presence to be his Will and was signed and subscribed by Ron Swanson in our view and presence and at his request and in the view and presence of Ron Swanson and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Ron Swanson on this the ____ day of _____, 202_.”
Do witnesses need to be physically present for the signing?
Yes, The Proclamation of Disaster Emergency that was in place in Iowa during the beginning of the pandemic that authorized remote witnessing of legal documents has ended. Last Will and Testament must be witnessed in person.
Does a will need to be notarized?
A notarized affidavit is not required for a will to be valid in Iowa. However, there are advantages to having your will notarized.
The legal term for a notarized will is a “self-proved will.” An affidavit to create a self-proved will may be made at the time the will is signed or after the signing. A self-proved will is an affidavit of the testator and witnesses who signed and witnessed the will in one another’s presence. The testator and witnesses sign the affidavit and the notary public signs and seals the affidavit. The affidavit is kept with the Will; it is not an actual page of the will.
The benefit of having a self-proved will is that the witnesses do not have to be found later to testify that they were present at the time of the signing of the Will. A search for a witness creates an unnecessary cost for the estate and often results in a long delay. If a witness cannot be found, there will be additional court documents and attorney fees. In contrast, a self-proved will may be admitted to the court in probate without the testimony of witnesses.
Note: The language for a self-proved will is available in Iowa Code 633.279(2)(a).
Who can notarize a will?
A notary public who is qualified through their own state to act as a notary public. Hope Wood, JD, is a qualified remote online notary in Iowa. Until recently, a notary public had to be in the same room as the signer for the document to be legally notarized. Now, the signer can be on a different continent and have a document notarized through a Remote Online Notary (RON).
Should I file my will with the court?
Iowans can file their original will with the Clerk of Court in their county. However, you’re not required to file your will. In some circumstances, doing so can even cause issues, like when an amended or revoked will is not updated with the Clerk.
Updating and Revoking a Will
How do I update my will?
A will can be updated and amended at any time. An amendment, legally called a codicil, must also be signed and witnessed. If there are several amendments, you may want to consider revoking the entire will and executing a new will. An amendment has to be written carefully so it does not conflict with certain provisions of your will. Hope Wood, JD, can write an amendment to your will, even if it was originally drafted by someone else. The cost to amend a current will is $250 per person. Book an appointment today.
newchild
Do I need to update my will after a divorce?
You are not required to update your will after a divorce in Iowa, but it is highly encouraged. A will that includes an ex-spouse makes it difficult for your survivors, because it is likely to leave everything to that individual.
If you don’t update your will after a divorce, the Iowa does provide some protection (See Iowa Code 633.271). After a marriage is dissolved, any provisions that favor the ex-spouse or relatives of the ex-spouse are revoked, unless the will specifically states that the gifts and appointments survive the dissolution of the marriage.
If you would like the ex-spouse to inherit certain assets, you will want to create a new will.
Do I need to update my will if I have more children?
If this is your first child, you should get a new Will that includes the appointment of a guardian and creates a testamentary trust.
If you have additional children born or adopted to you, it is not legally necessary to update your Will. Iowa Code Section 633.267 fills the gap if your Will is silent as to a child. It states that unless it appears from the Will that the omission was intentional, children born or adopted after the execution (signing) of your Will receive a share equal in value as if there was not a Will and they inherited under the laws of intestacy.
For sentimental reasons, you may want to add your Child to your Will. An amendment to a Will is called a Codicil. A Codicil should only be prepared by an attorney because it has the same legal requirements as a Last Will and Testament.
If your Will was prepared by Hope Wood JD, contact us for the simple process to amend your existing Will.
How do I revoke a will?
A will in Iowa can be revoked in whole or in part only by being canceled or destroyed by an intentional act on the direction of the testator, with the intent to revoke the will. If you wish to cancel your will,you must sign the cancellation in the presence of two in-person witnesses.
A will that has been revoked cannot be revived unless the testator signs in the presence of two witnesses and follows the other requirements to create a legal, valid will.
A will can also be revoked by executing a new will, which automatically revokes the prior will. In that case, all prior wills should be destroyed.
If an amendment (codicil) to the will is validly executed, it preserves the will and replaces or supplements specific provisions of the will. A well-drafted codicil does not terminate the will itself, but it can terminate specific parts of the will. (See Iowa Code 633.284.)
Parents and Families
What is a testamentary trust?
A testamentary trust is written into a will and is only effective if the conditions named in the will occur. A testamentary trust is funded by naming the trustee as the beneficiary for your financial assets after your death. For example, in a life insurance policy, you can name as a beneficiary: “Leslie Knope as Trustee of the Ron Swanson Testamentary Trust.”
A trust isn’t just for people with large assets. And, in most families, it isn't for tax-planning purposes. A testamentary trust is part of your will and takes effect on your death; there is no management of the trust during your lifetime.
Trusts for minor children: A basic will—one that you can purchase online or through an office supply store—will not include a trust. Will in a Day® for parents with minor children automatically includes a testamentary trust. Without the trust, minor children will have access to their full inheritance at age 18. In the trust, you set out what ages and what amounts are distributed to the children.
Trusts for surviving spouse and adult children: A revocable trust in tandem with a will can prevent your assets from being subject to the court's probate process. Creating a revocable trust means a surviving spouse doesn't have to update his or her will in the future to avoid probate for adult children beneficiaries.
Life insurance and trusts: The easiest way to fund a trust for your children is to take out a life insurance policy and name the trust as the beneficiary. A life insurance policy can also be designated to pay for your funeral and burial, which costs an average of $10,000. Without planning, these costs have to be paid by the survivors.
What is a revocable trust?
Creating a revocable trust is like creating a business that is separate from you as an individual. A revocable trust is not a person, just like an LLC. This is why the assets of the trust are not required to go through the court-supervised probate process to transfer to beneficiaries. However, a trust must be created and funded correctly in order to be an effective asset-transfer plan.
A revocable trust requires two things:
A legal written document naming the grantor, trustee, and beneficiary, with a notarized signature by the grantor
Assets titled in the name of the trust
The legal, written document identifies the grantor (also called a settlor or trustor) as the person who is transferring the assets into the name of the trust. A joint trust has multiple grantors and is common for spouses or a group of family members.
A trust names a beneficiary or group of beneficiaries. The grantor can be the beneficiary during their lifetime, but the trust must name another beneficiary to be valid. A trust also names an event or events when the trust must terminate and the assets be distributed to the named beneficiaries.
A revocable trust can be amended or completely revoked with the consent of all of the trustees. In contrast, an irrevocable trust cannot be amended or revoked.
A revocable trust is a document separate from your will. It is only effective after it is signed and funded. Opening a bank account in the name of the trust and depositing a nominal amount of money is all that is necessary to fund the trust. If the trust is not funded, it is not valid.
A revocable trust is more expensive than a testamentary trust, but it can save your beneficiaries from having to go through the court-supervised probate process. It is also a private document, whereas a testamentary trust is filed with the court and is court-supervised.
Add a Revocable Trust when you schedule a Will in a Day®.
Who should I appoint to be the guardian of my children in my will?
You want to name a guardian, along with an alternate guardian, who is someone you trust to stand in your shoes as a parent. It’s best if the guardian lives close to where you live, but it is not required. You can appoint someone who lives in a different state, but, in that case, your child(ren) may need to move. The guardian is not required to move to where the children live.
If you are unsure of who to appoint as a guardian, ask yourself who would file a petition with the court to be appointed as the child’s guardian. Do you want that person to be appointed? Would you prefer someone else? Would there be competing petitions, like maternal and paternal grandparents competing for the appointment?
If you do not appoint a guardian in your will, you are placing your child(ren) in an emotionally difficult situation. Remember that you can always amend your will in the future to change the guardian. Don’t let uncertainty about who to appoint prevent you from completing your will. Name the most appropriate person at this stage in your life with the understanding that you can change your will at a later date.
Do I need the guardian’s consent to name them in my will?
No. The person named in your will must still file a petition with the court in order to be appointed as a guardian. And they can decline the appointment. This is why you should list one or more alternate guardians in your will.
What if both grandparents want to be appointed as a guardian?
Your will is a private document, and you do not have to inform the appointed guardian of their inclusion in your will. If you appoint one grandparent in lieu of the other, it doesn’t prevent the non-appointed grandparent from intervening in the court action. However, a guardian appointed in a parent’s will is given preference by the Court if that person is qualified and suitable. (See Iowa Code 232D.308)
How do I prevent the other parent of my child from getting custody if I die?
Every child has a legal parent from birth unless there is a court order terminating legal rights. It is possible for a non-parent to be appointed the guardian of your minor child if you die, but there are very specific legal steps that must be taken in advance for your wishes to be fulfilled.
To make your intention known to the court, you must appoint a guardian in your will. Then, after your death, the person you appoint has to petition the court to be appointed the child’s guardian. The legal parent can consent to the guardianship. (See Iowa Code 232D.203)
If the legal parent does not consent, then a hearing will be scheduled. At the hearing, the person appointed as guardian in the will (the petitioner) must prove by clear and convincing evidence that:
They are serving as a de facto guardian
There has been a proven lack of consistent parental participation in the life of the minor by the parent.
See Iowa Code 232D.204(1)(b) for a list of factors the court may consider.
If the petitioner does not know the location of the parent, he or she must make diligent efforts to locate the parent. This includes using a skip trace, which can typically be done for a flat fee by a private investigator. Other diligent efforts include asking friends and family that know the parent and searching social media and court records.
How do I prevent my children from blowing through their inheritance?
A testamentary trust is an inexpensive way to extend the life of the assets you leave for your children. It appoints a trustee who manages and distributes the funds on behalf of your designated beneficiaries.
If you choose the Will in a Day® package and have children under the age of 18, your will automatically includes a testamentary trust. Assets held in a trust are not accessible by the beneficiary. A testamentary trust is written in a will and is only effective when the conditions of your will are satisfied.
One of the conditions is that you and your spouse have passed away, and another is that the child has reached an age at which you are comfortable with them receiving their full inheritance. A common age selected by parents is 25.
A testamentary trust is an inexpensive way to keep your child(ren) from blowing through their inheritance. It authorizes the trustee to distribute the assets at their discretion while also following the instructions of the trust. The testamentary trust also indicates reasons the assets can be distributed, such as for health care, education, and cost-of-living expenses.
Special Life Circumstances
Do I need a will if I’m not married?
Yes! A will may be even more important if you’re unmarried. If all of your assets are titled or owned in your name and you do not have a will, they will transfer under Iowa intestate laws. If you don’t want your assets transferring to heirs as determined by Iowa law, then you will need a will and asset transfer plan.
A will allows you to gift belongings to other family members or friends. Or you may want to leave a charitable gift to your favorite nonprofit organization. A will and asset transfer plan alleviates the burden on your surviving friends and family because it describes your wishes for your personal belongings and assets.
My parents need a will. What can I do?
A will is a private document, and each person has to meet the mental competence requirements to sign their own will. No one else can give instructions for the drafting of the will or sign it.
However, an adult child can support their parent by referring them to an attorney to assist with the process and even helping them make the appointment. The parent must attend the appointment, but it is up to the attorney to decide whether to allow the adult child in the room.
To encourage your parents to get a will, explain that the will is for their survivors and not for themselves. It is a love letter to their family members. Without a will, disagreements over the sale and distribution of personal property may occur. It is often scary to think about the end of life, but knowing there is a will in place provides peace of mind.
Can someone with dementia get a will?
Possibly. It depends on the mental competence of the individual at the time of signing.
A will is possible if the individual has:
A full and intelligent knowledge of the act in which they are engaged (signing their own will)
A full knowledge of the property they possess
An intelligent perception and understanding of the disposition they desire to make of the property and of the people who will be transferred to
Even if someone doesn’t have sufficient mental capacity to make a contract or to attend to ordinary business matters, they may still be able to make a will. See Willer v. Dohse, 225 Iowa 606 (1938).
What if my spouse or beneficiary dies around the same time as me?
Even if many of your assets are held in joint ownership or have a beneficiary designation, it is important to set a contingency plan in place in case the joint owner or beneficiary dies around the same time.
For example, it’s not uncommon for elderly spouses to die within the same year as each other. When the surviving spouse dies, the assets are in single ownership and often transfer through a will.
How do I get a copy of someone else’s will?
While a person is alive, they do not have to provide or disclose the contents of their will to anyone else. The only exception is a court-appointed conservator, who is required to submit the testator’s will to the Clerk of Court for the county where the conservatorship was established.
After the testator passes away, the person in possession of the will should provide a copy. If they don’t, a petition can be filed with the court to require the production of the will by the person believed to be in possession of the will. (See Iowa Code 633.290)
There is a legal requirement for the person with custody of a will to file the will with the Clerk of Court after the testator passes. This is typically done in the county where the decedent had a homestead or permanent residence. (See Iowa Code 633.285)
“Hope helped me establish my Last Will & Testament. She is wonderful to work with - patient and helpful, and she makes her legal services easy to access and maneuver. She goes the extra mile to make sure the documents are tailored to meet the client's needs. And her services are very affordable.
I highly recommend her!
— Lisa W.