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In Iowa, any person of full age (18 years old or older) and sound mind may legally create a will.

If there is no surviving spouse, or if the estate is not fully inherited by a deceased spouse, the estate passes to the deceased person's children or their descendants. The estate is inherited equally if there are multiple children.

Contents Make a last will. Think about a living trust. Make sure minor children are provided for. Make a living will. Make a power of attorney. Think about a living trust. Consider a life insurance policy. Make sure your beneficiary names are correct and up to date.

In the state of Iowa, a holographic will, like the one described above, is not enforceable. However, Iowa does recognize a handwritten will as enforceable if it meets both: It is signed by the testator (the person making the will). It is signed in front of two competent witnesses.

What are the requirements for a will to be valid in Iowa? To be legally valid in Iowa, a will must be signed by the testator (creator) of the will and two witnesses in the presence of each other. Additionally, all three individuals must be at least 18 years old and mentally competent.

Probate laws are designed to protect the rights of heirs and creditors and to assure the orderly collection, preservation, and transfer of property. If you die with an ownership interest in any property, your estate generally must be probated whether you have a will or not.

In Iowa, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a "successor trustee").

Probate in Iowa involves administering estates, settling debts, and distributing assets post-death, under court supervision. Small estates under $50,000 and specific assets may avoid probate; a will directs asset distribution and minimizes taxes.

For example, joint tenancy property, gifts made within three years of death, annuities and certain retirement plans, retained life interests, and trusts are not subject to probate administration but are subject to inheritance tax.