Des Moines Wills Lawyer

Your Dedicated Wills Lawyer

Creating a will is an important step toward protecting your assets and providing for your loved ones after your death. However, a will is not necessarily the final step in estate planning. As your circumstances change, your estate planning documents may need to change as well. Our Des Moines, IA wills lawyer can help you prepare a legally valid will, review an existing document, and address questions about your last will and testament.

If you have already created a will, you have taken a meaningful step toward directing how your property will be distributed. Still, reviewing your will periodically is important to keep it aligned with your wishes. Changes involving marriage, divorce, children, finances, or relationships may affect your estate plan.

If you have been named as a beneficiary or executor in someone’s will, you may also have questions about what happens after their death. Depending on the circumstances, the estate may need to go through probate before assets can be distributed.

At Law Group of Iowa, we assist individuals and families with wills, estate planning, and probate matters. Our legal team can explain your options and help you make informed decisions about your estate. Contact us today to schedule a free consultation.

When You Should Update Your Will

Creating a will is important, but keeping it current is equally important. Your financial circumstances, family relationships, and personal wishes may change over time. Reviewing your will after significant life events can help prevent confusion and disagreements after your death.

Below are several situations in which you should consider updating your will:

• Your financial situation has changed. If you receive a substantial inheritance, purchase property, sell a business, or experience another significant financial change, you should review your will. Your estate plan should account for the assets you own and how you want them distributed. Remember that some assets, including certain retirement accounts and life insurance proceeds, may pass directly to designated beneficiaries rather than through your will.
• You are planning to get divorced. Divorce can significantly affect your estate plan. Under Iowa law, a completed divorce generally revokes provisions in a will benefiting a former spouse and certain relatives of that spouse, unless the will provides otherwise. However, your spouse may retain inheritance rights while you are still legally married. If you are considering divorce, speak with a lawyer about reviewing your will, beneficiary designations, and other estate planning documents.
• A beneficiary is experiencing financial or substance abuse problems. If a beneficiary develops substance abuse problems or has difficulty managing money, you may want to reconsider how that person receives an inheritance. A properly structured trust may allow a trustee to manage assets and distribute funds according to specific instructions.
• You moved to a different state. Estate planning laws vary between states. Although moving does not automatically invalidate an existing will, having a lawyer review your documents can help identify provisions that may be affected by the laws of your new state.
• Your relationships have changed. Changes involving beneficiaries, executors, guardians, or other individuals named in your will may warrant an update. If you no longer want someone to inherit property or manage your estate, contact our wills lawyer in Des Moines, IA, to discuss the appropriate revisions.
• You were diagnosed with a serious medical condition. A significant medical diagnosis may prompt you to review both your will and other estate planning documents. You may also want to prepare or update a durable power of attorney, a healthcare power of attorney, or a living will to address decisions that could arise during your lifetime.

Other events, such as marriage, the birth or adoption of a child, the death of a beneficiary, or changes in Iowa law, may also justify reviewing your will.

Inside the Probate Process

Probate is the court-supervised process used to administer certain assets after someone dies. It may involve determining whether a will is valid, appointing a personal representative, identifying estate assets, addressing creditor claims, paying required taxes, and distributing the remaining property.

In Iowa, probate matters are handled through the district court. The process varies depending on the size of the estate, the types of property involved, and whether disagreements arise.

If the deceased person left a will, the court may admit the will to probate and appoint a qualified executor. Although a person can nominate an executor in a will, the nominated individual must receive the appropriate authority from the court before administering the estate.

Once appointed, the executor generally has several responsibilities:

• Identifying and protecting estate assets.
• Preparing an inventory and determining asset values.
• Providing legally required notices to beneficiaries and creditors.
• Reviewing and addressing valid debts and creditor claims.
• Filing applicable tax returns and paying required taxes.
• Distributing remaining estate assets according to the will and applicable law.
• Completing the necessary court filings to close the estate.

Depending on the circumstances, the executor may also need to obtain a bond. Iowa law permits a bond requirement to be waived in certain situations, including through provisions in the will or a court order.

Although many estates can be administered without major disagreements, probate disputes sometimes arise. An interested person with legal standing may challenge a will on recognized grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution.

Disagreements over estate assets, creditor claims, or the conduct of a personal representative can also delay administration.

A properly prepared will can help communicate your intentions and reduce uncertainty, although it does not automatically eliminate probate or prevent every potential dispute.

Our Des Moines estate planning lawyer can help you understand the probate process and consider estate planning strategies that fit your circumstances.

Exploring Estate Law in Iowa

Iowa estate planning laws govern how property may be transferred after death, how estates are administered, and how individuals can appoint others to handle financial and healthcare decisions.

Our Des Moines wills lawyer can explain how these laws may affect your estate planning decisions. Below is an overview of several important areas of Iowa law.

Iowa Probate Code

The Iowa Probate Code, found in Iowa Code Chapter 633, establishes many of the rules governing wills, estate administration, probate proceedings, personal representatives, and the distribution of property after death.

These laws address matters such as the execution of valid wills, the rights of surviving spouses, creditor claims, and the administration of estates.

Wills and Intestate Succession

A valid will allows an individual to specify who should receive property controlled by the will after death. It can also nominate an executor to administer the estate and identify preferred guardians for minor children.

When someone dies without a valid will, the person is considered to have died intestate. Iowa’s intestate succession laws determine who inherits property that does not pass through other arrangements.

These rules are found in Iowa Code Sections 633.210 through 633.226.

The distribution of property depends on the surviving family members. For example, a surviving spouse may inherit the entire intestate estate when the deceased leaves no descendants or when all surviving descendants are also descendants of that spouse. Different rules may apply when the deceased has children from another relationship.

Because these default inheritance rules may not reflect your wishes, preparing a valid will is an important part of estate planning.

Probate Process

Probate is the legal process through which an estate may be administered after a person’s death.

In Iowa, probate proceedings are generally handled in the district court of the county where the deceased person resided.

The process may involve identifying and valuing assets, notifying creditors, paying valid debts and applicable taxes, and distributing the remaining property.

Not every estate requires formal probate administration. Certain assets pass outside probate, and some qualifying estates may use simplified procedures under Iowa law.

Iowa Inheritance Tax

Iowa eliminated its state inheritance tax for deaths occurring on or after January 1, 2025.

Before the repeal, the inheritance tax generally applied to certain property received by beneficiaries, with the amount depending on factors such as the beneficiary’s relationship to the deceased person.

Although Iowa no longer imposes this tax for deaths occurring on or after January 1, 2025, estates involving earlier deaths may still have inheritance tax obligations.

Other tax considerations, including federal estate taxes and income taxes, may also affect estate administration.

Power of Attorney

A power of attorney is a legal document allowing you to authorize another person, known as an agent, to handle specified financial or legal matters on your behalf.

Iowa Code Chapter 633B governs financial powers of attorney under the Iowa Uniform Power of Attorney Act.

Depending on how the document is written, a power of attorney may take effect immediately or upon a specified future event, such as incapacity.

A properly drafted durable power of attorney can allow your chosen agent to continue handling authorized matters if you become incapacitated.

Because a financial power of attorney generally does not authorize healthcare decisions, separate healthcare planning documents may also be necessary.

Advance Healthcare Directives

Advance healthcare directives allow you to communicate your medical preferences and identify someone to make healthcare decisions if you become unable to make those decisions yourself.

In Iowa, two important documents are:

• Living Will. A declaration addressing preferences concerning life-sustaining procedures under Iowa Code Chapter 144A.
• Durable Power of Attorney for Health Care. A document authorizing a designated individual to make healthcare decisions under Iowa Code Chapter 144B.

These documents can provide guidance to healthcare providers and family members when difficult medical decisions arise.

Because a last will and testament generally addresses matters after death, healthcare directives should be considered separately as part of your estate plan.

Trusts in Iowa

Trusts are estate planning tools that allow individuals to hold and manage assets for designated beneficiaries.

Depending on the type of trust and how it is funded, a trust may help manage property, provide financial support to beneficiaries, protect certain interests, or reduce the assets subject to probate.

The Iowa Trust Code, found in Iowa Code Chapter 633A, governs many aspects of trust creation, administration, modification, and termination.

Our Des Moines wills lawyer can explain how wills and trusts may work together to accomplish your estate planning goals.

Estate Tax in Iowa

Iowa does not currently impose a state estate tax. The state’s estate tax has not applied to deaths occurring on or after January 1, 2005.

Iowa’s inheritance tax was also eliminated for deaths occurring on or after January 1, 2025.

However, certain estates may still be subject to federal estate tax requirements. Federal estate tax liability depends on the applicable exemption, the value of the taxable estate, and other circumstances.

Understanding these tax considerations can be an important part of estate planning, particularly for individuals with substantial assets.

What Not to Do When Writing a Will

Avoiding mistakes when drafting your will can help protect your intentions and reduce the likelihood of disagreements after your death.

Our wills lawyer can help you identify potential problems and prepare documents that satisfy Iowa’s legal requirements.

Drafting a Will Without Understanding Iowa Law

Iowa law does not require a lawyer to prepare every will. However, a will must meet specific legal requirements to be valid.

Mistakes involving signatures, witnesses, unclear provisions, or the distribution of property may create problems when the estate is administered.

Working with the legal team at Law Group of Iowa can help you prepare a will that accurately reflects your wishes and complies with applicable Iowa law.

Relying on a Joint Will With Your Spouse

Some married couples consider preparing a joint or mutual will to address how their property should be distributed.

However, these arrangements can create complications, particularly when one spouse dies, financial circumstances change, or either spouse wants to modify the estate plan.

Iowa law addresses contractual and mutual wills under Iowa Code Section 633.270.

Depending on your circumstances, separate wills and coordinated estate planning documents may provide greater flexibility.

Our Iowa estate planning law firm can help you determine which approach is appropriate for your family.

Failing to Plan for Your Pets

Pets are generally treated as personal property under Iowa law, but they are also important members of many families.

If you want a particular person to care for your pets after your death, consider including appropriate provisions in your estate plan.

You may be able to transfer ownership of a pet to a trusted individual through your will. Another option is establishing a pet trust, which can provide funds and instructions for an animal’s care.

Iowa Code Section 633A.2105 recognizes trusts established for the care of animals living at the time of the trust creator’s death.

Our wills lawyer can help you explore arrangements for your pets’ future care.

Forgetting to Update Your Will

Writing a will does not mean your estate planning responsibilities are finished.

Major life events may affect who you want to inherit your property or serve as your executor.

You should consider reviewing your will after events such as marriage, divorce, the birth or adoption of a child, the death of a beneficiary, or a substantial change in assets.

Periodic reviews can also help identify outdated beneficiary designations or other estate planning documents.

Our Des Moines wills lawyer can help you determine whether your will should be revised.

Making Informal Changes to Your Will

Handwritten edits, crossed-out provisions, or informal additions to an existing will may not satisfy Iowa’s legal requirements for changing a will.

In some circumstances, an attempted alteration could create uncertainty about the document’s validity or meaning.

Instead of making informal changes, consider having a lawyer prepare a properly executed codicil or replacement will.

A codicil is a legal document used to modify an existing will, while a replacement will may be more appropriate when substantial changes are necessary.

Des Moines Wills Infographic

Des Moines Wills Statistics

Estate planning is important for adults of different ages and financial circumstances. However, national surveys continue to show that many Americans have not prepared a will or other estate planning documents.

According to the 2026 Trust & Will Estate Planning Report, which surveyed 5,000 U.S. adults:

• 26% of respondents reported having a will.
• 56% reported having no estate planning documents.
• 42% said they would not know what to do if a family member died.
• 68% believed pets should be included in an estate plan in some form.

These findings illustrate why discussing estate planning with loved ones and preparing appropriate legal documents can be valuable.

If you need an estate planning lawyer in Des Moines, IA, Law Group of Iowa can help you get started.

A last will and testament is a legal document that communicates how you want property controlled by your will to be distributed after your death. It can also nominate an executor and address guardianship preferences for minor children.

Although a will cannot control every asset or eliminate every potential dispute, creating one can provide greater clarity for your family and help establish your intentions.

Des Moines Wills FAQs

Am I Required to Leave My Spouse Anything?

Although you may choose to exclude your spouse from your will, Iowa law provides certain inheritance protections for surviving spouses.

Under Iowa Code Section 633.238, a surviving spouse may have the right to claim an elective share of the estate even when the will provides otherwise.

These rights may be affected by a valid waiver or other applicable legal provisions.

If you are considering excluding your spouse from your will, speak with our Des Moines wills lawyer about the legal implications and available options.

Can the State Take Everything if the Deceased Had No Will?

Dying without a will does not automatically mean the state receives your property.

Under Iowa’s intestate succession laws, property subject to those laws generally passes to qualifying relatives in an order established by statute.

Depending on the family circumstances, beneficiaries may include a surviving spouse, children, parents, siblings, or other eligible relatives.

Valid estate debts and administrative expenses may also need to be paid before property is distributed.

If no legally entitled heirs can be identified, the remaining estate may eventually pass to the state through a process known as escheat.

Is the Oldest Child Automatically Their Parents’ Executor?

No. Iowa law does not automatically appoint the oldest child as executor.

When a person dies with a valid will, the court generally gives preference to the qualified person nominated in that document.

If no executor is nominated or the nominated person cannot serve, the court may appoint another qualified individual according to Iowa law.

When a person dies without a will, the court appoints an administrator to handle the estate.

Family members may be involved in the appointment process, but birth order alone does not determine who receives authority.

Is Probate Expensive?

The cost of probate depends on the size and nature of the estate, the work required to administer it, and whether disputes arise.

Expenses may include court filing fees, executor compensation, lawyer fees, appraisal costs, and other administrative expenses.

Iowa Code Sections 633.197 and 633.198 establish fee schedules for ordinary executor and lawyer services, subject to court approval and applicable legal requirements.

Certain estates may qualify for simplified procedures, potentially reducing the time and expense involved.

Our probate lawyer can review your circumstances and explain the costs that may apply.

How Long Does Probate Take?

The time required to complete probate varies depending on the estate.

Many straightforward estates may be settled within a year, while estates involving contested wills, complicated assets, creditor disputes, or tax matters may take longer.

The executor must also comply with applicable notice requirements, creditor claim periods, and court procedures.

Our legal team can explain what to expect and assist with the administration process.

Wills Law Glossary

Understanding common estate planning terms can help you make informed decisions when creating or updating a will.

Our Des Moines, IA wills lawyer can explain how these concepts apply to your circumstances and help you prepare the documents needed to express your wishes.

Below are five important terms related to wills and estate administration in Iowa.

Last Will and Testament

A last will and testament is a legal document that directs how certain property should be distributed after a person’s death.

The individual creating the will is known as the testator. A will may identify beneficiaries, nominate an executor, and state preferences for the guardianship of minor children.

Under Iowa law, a person creating a will must have the required legal capacity, and the will must satisfy applicable execution requirements.

Generally, this involves a written document signed by the testator, or by someone acting at the testator’s direction, and witnessed by two competent individuals in accordance with Iowa Code Section 633.279.

A valid will can reduce uncertainty and help communicate how the testator wants the estate handled.

Probate Court

In Iowa, probate matters are handled by the district court exercising probate jurisdiction.

The court oversees legal proceedings involving the administration of estates, including admitting wills to probate and appointing qualified personal representatives.

Depending on the circumstances, probate administration may involve identifying estate assets, paying valid debts and taxes, resolving disputes, and distributing property to beneficiaries or heirs.

Although some estates can be administered relatively efficiently, disputes or unusual assets may require additional court involvement.

Executor of Estate

An executor is the person appointed by the court to administer an estate when the deceased person left a will.

The executor is responsible for carrying out applicable legal duties and the instructions contained in the will.

These responsibilities may include:

• Collecting and protecting estate assets.
• Notifying creditors and beneficiaries.
• Reviewing and paying valid debts.
• Filing required tax documents.
• Distributing remaining assets as authorized.
• Completing the required court filings.

Executors have fiduciary obligations and must carry out their responsibilities in accordance with Iowa law.

Iowa law also permits reasonable compensation for executor services, subject to applicable statutory limits and court approval.

Intestate Succession

Intestate succession is the legal process governing the distribution of certain property when someone dies without a valid will.

Iowa Code Sections 633.210 through 633.226 establish the inheritance rules that apply in these circumstances.

The identity of the surviving relatives determines how the property is distributed.

For example, the surviving spouse’s share may differ depending on whether the deceased person had children from another relationship.

Property passing through a valid trust, joint ownership arrangement, or beneficiary designation may not be governed by intestate succession.

Preparing a will allows you to express your own preferences rather than relying entirely on Iowa’s default inheritance rules.

Advance Healthcare Directive

An advance healthcare directive allows a person to express certain medical treatment preferences or appoint someone to make healthcare decisions if the person becomes unable to do so.

In Iowa, living wills addressing life-sustaining procedures are governed by Iowa Code Chapter 144A.

Durable powers of attorney for healthcare decisions are governed by Iowa Code Chapter 144B.

These documents serve different purposes from a last will and testament, which generally addresses matters after death.

Preparing appropriate healthcare directives can help communicate your preferences and provide guidance to loved ones and medical providers.

At Law Group of Iowa, we help individuals and families prepare wills, review estate planning documents, and address probate matters.

We work with clients to develop estate plans that reflect their wishes, account for their circumstances, and provide clear instructions for the future.

Contact our legal team today to schedule a consultation.

Law Group of Iowa, Des Moines Wills Lawyer

5601 Hickman Rd, Suite 3B
Des Moines, IA 50310

Contact Our Des Moines Wills Lawyer Today

Preparing a will is an important step toward protecting your wishes and providing guidance to your loved ones.

At Law Group of Iowa, we understand that every family’s circumstances are different. Whether you are creating your first will, updating an existing document, or addressing questions about probate, our legal team can help.

A properly prepared estate plan can clarify your intentions, identify the people you want to make important decisions, and reduce the likelihood of uncertainty after your death.

Our Des Moines wills lawyer can review your goals, explain your legal options, and help you prepare documents suited to your needs.

Contact Law Group of Iowa today to schedule a free consultation and discuss your estate planning needs.

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