Iowa Will Probate Statute

The probate code sets forth the requirements of submitting an Iowa Will to probate. Here are select provisions of the statute:
633.291 Contents of petition for probate of will. A petition for probate of a will shall state: 1. The name, domicile, and date of death of the decedent. 2. If the decedent was not domiciled in the state at the time of the decedent’s death, then, that the decedent had property within the county in which the petition is filed, or any other basis for jurisdiction in such county. 633.292 Contents of petition for appointment of executor. A petition for the appointment of an executor shall state the name and address of the person nominated or proposed as executor, and that such person is qualified to act as executor. If the person proposed in said petition is not the person nominated in the will, the petition shall state the reason why the person nominated is not proposed as executor. Unless bond is waived in the will, the petition shall state the estimated value of the personal property of the estate plus the estimated gross annual income of the estate during the period of administration. 633.293 Hearing upon petition. Upon the filing of a petition for probate of a will, the court or the clerk may, in its or the clerk’s discretion, hear it forthwith, or at such time and place as the court or clerk may direct, with or without requiring notice, and upon proof of due execution of the will, admit the same to probate. 633.296 Deposition. If it is desired to prove the execution of the will by deposition, rather than by use of the affidavit form provided in section 633.295, upon application, the clerk shall issue a commission to some officer authorized by the law of this state to take depositions, with the will annexed, and the officer taking the deposition shall exhibit it to the witness for identification, and, when identified by the witness, shall mark it as “Exhibit . . . . . . ” and cause the witness to connect the witness’ identification with it as such exhibit. Before sending out the commission, the clerk shall make and retain in the clerk’s office a true copy of such will. 633.297 Witnesses unavailable. If all of such witnesses are deceased or otherwise not available, then it shall be permissible to prove said will by the sworn testimony of two credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, and that the signatures of the witnesses are in the handwriting of such witnesses, or it may be proved by other sufficient evidence of the execution of such will. 633.300 Certificate of probate. When a will has been admitted to probate the clerk shall have a certificate of such fact, endorsed thereon or annexed thereto, signed by the clerk and attested by the seal of the court; and, when so certified, it, or the transcript of the record properly authenticated, may be read in evidence in all courts without further proof.

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