Iowa Updates the Language for Its Self-Proving Affidavit

Iowa revised the language that it prefers for its self-proving affidavit.   A self proving affidavit can be attached to a will to make probate a little easier after you die.   (Making a valid will does not require a self-proving affidavit.)

Here is the new language:  

___________________________________________________________________________________________

We, the undersigned, ......., ....... 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.

............................

Testator

............................

Witness

............................

Witness

............................

 

Subscribed, sworn and acknowledged before me by ........, the testator; and subscribed and sworn before me by ........ and ......., witnesses, this ... day of ...... (month), ... (year) .....................................

 

.............................

(Stamp)

Notary Public, or other notarial officer authorized to take and certify acknowledgments and administer oaths

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The language of your affidavit doesn’t have to match this text exactly, but it must be “substantially” the same in form and in content.

See Iowa Code Annotated § 633.279.

The Iowa self-proving affidavit produced by Quicken WillMaker Plus 2013 & 2014 reflects this change, but you must run the web update feature to access the most current documents.  

Learn more about Self-Proving Affidavits and Wills on Nolo.com