Do I Need a Self-Proving Will?

Iowa permits the use of a self-proving will, which means that the witnesses wont ever have to go to the courthouse or provide an affidavit to testify that they did indeed witness you signing your will. The self-proving element of a will is a mighty convenience and, while its not required for your will to be legally valid, theres no reason not to use the language and the formalities that makes the will self-proving.

Self-Proving Language and Formalities

The language of your will doesnt have to be exactly like this below, but this is the gist of the required language:

Affidavit

State of Iowa)

County of THE COUNTY WHEREIN YOURE SIGNING )

We, the undersigned, WITNESS 1 and WITNESS 2, 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 said instrument is the testator’s will and that the testator willingly signed and executed such instrument, or expressly directed another to sign the same in the presence of the witnesses, as a free and voluntary act for the purposes therein expressed; that said witnesses, and each of them, declare to the undersigned authority that such will was executed and acknowledged by the testator as the testator’s will in their presence and that they, in the testator’s presence, at the testator’s request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the date of the date of such will; and that the testator, at the time of the execution of such instrument, was of full age and of sound mind and that the witnesses were sixteen years of age or older and otherwise competent to be witnesses.

_____________________?PERSON MAKING THE WILL

_____________________? WITNESS 1

_____________________? WITNESS 2

Subscribed, sworn and acknowledged before me by PERSON MAKING THE WILL, the testator; and subscribed and sworn before me by WITNESS 1 and WITNESS 2 witnesses, this . . . . day of . . . . . . (month), 2012.

_________NOTARY____________?Notary Public, or other officer authorized to take and certify acknowledgments and administer oaths.

(Seal)

 

If youre not sure whether youre will is self-proving, consult with a qualified estate planning attorney. If youre will is more than three to five years, you need a new will anyway.