Iowa Code

Iowa Code § 633.295 (2026)

Testimony of witnesses

✓ current as of July 2026

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The proof may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If such testimony is in writing, it shall be substantially in the following form executed and sworn to before or after the death of the decedent: In the District Court of Iowa in and for .................... County. In the Matter of Probate No. ................ the Estate of TESTIMONY OF SUBSCRIBING ........................, Deceased WITNESS ON State of ............ ) PROBATE OF WILL ............ County ) ss I, ........................, being first duly sworn, state: I reside in the County of ...................., State of ................; I knew the identity of the testator on the ........ day of ............ (month), ............ (year), the date of the instrument, the original or exact reproduction of which is attached hereto, now shown to me, and purporting to be the last will and testament of the said ........................; I am one of the subscribing witnesses to said instrument; at the said date of said instrument, I knew the identity of ........................, the other subscribing witness; that said instrument was exhibited to me and to the other subscribing witness by the testator, who declared the same to be the testator’s last will and testament, and was signed by the testator at ................................, in the County of ...................., State of ................, on the date shown in said instrument, in the presence of myself and the other subscribing witness; and the other subscribing witness and I then and there, at the request of the testator, in the presence of said testator and in the presence of each other, subscribed our names thereto as witnesses. ........................ Name of Witness ................................ Address Subscribed and sworn to before me this ........ day of ............ (month), ............ (year)

Tue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) 67 PROBATE CODE, §633.301\n\n ................................ Signature of notarial officer (Stamp) [........................] Title of office [My commission expires: ........] [C66, 71, 73, 75, 77, 79, 81, §633.295] 2000 Acts, ch 1058, §56; 2012 Acts, ch 1050, §58, 60; 2013 Acts, ch 33, §4, 9; 2014 Acts, ch 1021, §1, 4 – 6; 2016 Acts, ch 1073, §172 Referred to in §633.296, 633.319

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1980–2024 · leading case: In the Matter of the Est. of P. Richard Meyer, Deceased: Miracles Meyer, Pers. Rep. for the Est. of P. Richard Meyer v. Kelly Catherine Fanning, 2016 WY 6 (Wyo. 2016).

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In the Matter of the Est. of P. Richard Meyer, Deceased: Miracles Meyer, Pers. Rep. for the Est. of P. Richard Meyer v. Kelly Catherine Fanning, 2016 WY 6 (Wyo. 2016). · cites it 2× “I at 391;5 Iowa Code §§ 633.295 – 633.297 (1979). When proof of a will is to be made by a witness affidavit, the affidavit must state that the witness signed the will in the presence of the testator and in the presence of the other witness.”

Meyer v. Fanning, 367 P.3d 629 (Wyo. 2016). “Iowa Code § 633.295 . This provision conforms with Towa's requirement for a valid will, which must be witnessed by two witnesses "in the presence of the testator and in the presence of each other.”

Matter of Est. of Franzkowiak, 290 N.W.2d 1 (Iowa 1980). · cites it 2× “Subsequently, however, the clerk purported to admit the 1969 will to probate. We pass the apparent absence of the required verified petition for probate under *5 section 633.”

In the Matter of the Est. of Thomas James Klein (Iowa Ct. App. 2018). · cites it 6× ““If the lack of the due execution of a will constitutes a ground for objection, proof of such execution shall not be made by affidavit as provided in section 633.295.” Id. § 633.319. Kari and Matthew contested the 5 execution of the will; as such, an affidavit other than that…”

In the Matter of the Est. of Pamela Ann Gavin (Iowa Ct. App. 2024). “” Iowa Code § 633.295 . Yet because the district court had concluded that the witnesses had not signed the will, the court did not permit Barnhart to present such supplementary evidence at the hearing or by further written submission before denying the petition.”

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