GENERAL PROVISIONS RELATING TO WILLS

Iowa Code tit. XV, ch. 633, subch. VI, pt. 1

in effect

Iowa Code § 633.264 Disposal of property by will.

633.264. Disposal of property by will. Subject to the rights of the surviving spouse to take an elective share as provided by section 633.236, any person of full age and sound mind may dispose by will of all the person’s property, except an amount sufficient to pay the debts and charges against the person’s estate. [C51, §1277, 1407; R60, §2309, 2435; C73, §2322, 2452; C97, §3270, 3376; S13, §3376; C24, 27, 31, 35, 39, §11846, 12006; C46, 50, 54, 58, 62, §633.1, 636.21; C66, 71, 73, 75, 77, 79, 81, §633.264] 2005 Acts, ch 38, §25; 2006 Acts, ch 1030, §77

Iowa Code § 633.265 Procedure prescribed by will.

633.265. Procedure prescribed by will. When the interests of creditors will not thereby be prejudiced, a testator may prescribe the entire manner in which the testator’s estate shall be administered, and, also, the manner in which the testator’s affairs shall be conducted until the testator’s estate is finally settled. [C51, §1326; R60, §2358; C73, §2406; C97, §3336; C24, 27, 31, 35, 39, §11955; C46, 50, 54, 58, 62, §635.51; C66, 71, 73, 75, 77, 79, 81, §633.265] For waiver of bond, see §633.172

Iowa Code § 633.266 Adjusted gross estate.

633.266. Adjusted gross estate. Unless otherwise defined, “adjusted gross estate” in a will means the entire value of the gross estate as determined under the federal estate tax less the aggregate amount of the deductions allowed by sections 2053 and 2054 of the Internal Revenue Code as defined in section 422.3. [82 Acts, ch 1053, §1] 2006 Acts, ch 1140, §9 – 11

Iowa Code § 633.267 Children born or adopted after execution of will.

633.267. Children born or adopted after execution of will. 1. If a testator fails to provide in the testator’s will for any child of the testator born to or adopted by the testator after the execution of the testator’s last will, such child, whether born before or after the testator’s death, shall receive a share in the estate of the testator equal in value to that which the child would have received under section 633.219, after taking into account the spouse’s intestate share under section 633.211 or section 633.212, whichever section or sections are applicable, if the testator had died intestate, unless it appears from the will that such omission was intentional. 2. a. For the purposes of this section, a child born after the testator’s death includes a child of the testator conceived and born after the testator’s death, or a child born as the result of the implantation of an embryo after the testator’s death, if all of the following conditions are met: (1) A genetic parent-child relationship between the child and the testator is established. (2) The testator, in a signed writing, authorized the testator’s surviving spouse to use the deceased parent’s genetic material to initiate the posthumous procedure that resulted in the child’s birth or the testator by specific reference to the genetic material, bequeathed the genetic material to the other parent in a valid will. (3) The child is born within two years of the death of the testator. b. Any child of the testator whose share of the estate would be reduced by the birth of a child born as provided in paragraph “a” shall have one year from the birth of the child within which to bring an action challenging the child’s right to a share of the estate under this section. c. For the purposes of this subsection, “genetic material” means sperm, eggs, or embryos. [C51, §1284, 1285; R60, §2316, 2317; C73, §2334, 2335; C97, §3279; S13, §3279; C24, 27, 31, 35, 39, §11858; C46, 50, 54, 58, 62, §633.13; C66, 71, 73, 75, 77, 79, 81, §633.267] 88 Acts, ch 1064, §6; 2008 Acts, ch 1119, §17, 39; 2011 Acts, ch 18, §3

Iowa Code § 633.268 Presumption attending devise to spouse.

633.268. Presumption attending devise to spouse. Where the testator’s spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272, that such devise is in lieu of the intestate share and homestead rights of the surviving spouse. [C97, §3270; C24, 27, 31, 35, 39, §11847; C46, 50, 54, 58, 62, §633.2; C66, 71, 73, 75, 77, 79, 81, §633.268]

Iowa Code § 633.269 After acquired property.

633.269. After acquired property. Any property acquired by the testator after the making of the testator’s will shall pass thereby, and in like manner as if title thereto were vested in the testator at the time of making the will, unless the intent is clear and explicit to the contrary. [C51, §1278; R60, §2310; C73, §2323; C97, §3271; C24, 27, 31, 35, 39, §11849; C46, 50, 54, 58, 62, §633.4; C66, 71, 73, 75, 77, 79, 81, §633.269]

Iowa Code § 633.270 Contractual or mutual wills.

633.270. Contractual or mutual wills. No will shall be construed to be contractual or mutual, unless in such will the testator shall expressly state the intent that such will shall be so construed. [C66, 71, 73, 75, 77, 79, 81, §633.270]

Iowa Code § 633.271 Effect of divorce or dissolution.

633.271. Effect of divorce or dissolution. 1. If after making a will the testator is divorced or the testator’s marriage is dissolved, all provisions in the will in favor of the testator’s spouse or of a relative of the testator’s spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by the divorce or dissolution of marriage, unless the will provides otherwise. 2. Unless the will provides otherwise, in the event the testator and spouse remarry each other, the provisions of the will revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise revoked by the testator, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated. 3. For the purposes of this section, “relative of the testator’s spouse” means a person who is related to the divorced testator’s former spouse by blood, adoption, or affinity, and who, subsequent to a divorce or dissolution of marriage, ceased to be related to the testator by blood, adoption, or affinity. [C66, 71, 73, 75, 77, 79, 81, §633.271] 2000 Acts, ch 1150, §3; 2005 Acts, ch 38, §26

Iowa Code § 633.272 Partial intestacy.

633.272. Partial intestacy. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. If the testator left a surviving spouse, and the spouse does not take an elective share, the spouse shall receive, in addition to the property given to the spouse by the will, so much of the intestate property subject to the payment of its proportionate share of debts and charges as the spouse would receive pursuant to section 633.211 or 633.212. [C66, 71, 73, 75, 77, 79, 81, §633.272] 94 Acts, ch 1165, §42; 2007 Acts, ch 134, §12, 28

Iowa Code § 633.273 Antilapse statute.

633.273. Antilapse statute. 1. If a devisee dies before the testator, leaving issue who survive the testator, the devisee’s issue who survive the testator shall inherit the property devised to the devisee per stirpes, unless from the terms of the will, the intent is clear and explicit to the contrary. 2. A person who would have been a devisee under a class gift, if the person had survived the testator, is treated as a devisee for purposes of this section, provided the person’s death occurred after the execution of the will, unless from the terms of the will, the intent is clear and explicit to the contrary. [C51, §1287; R60, §2319; C73, §2337; C97, §3281; C24, 27, 31, 35, 39, §11861; C46, 50, 54, 58, 62, §633.16; C66, 71, 73, 75, 77, 79, 81, §633.273] 89 Acts, ch 130, §1; 95 Acts, ch 63, §5

Iowa Code § 633.273A Disposition of failed devise.

633.273A. Disposition of failed devise. Unless from the terms of the will the intent is clear and explicit to the contrary, and except as provided in section 633.273: 1. A devise, other than a residuary devise, that fails for any reason becomes a part of the residuary estate. 2. If the residuary estate is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee or to the other residuary devisees in proportion to the interest of each in the remaining part of the residuary estate. 2013 Acts, ch 33, §1, 9

Iowa Code § 633.274 Exception to antilapse statute.

633.274. Exception to antilapse statute. The devise to a spouse of the testator, where the spouse does not survive the testator, shall lapse notwithstanding the provisions of section 633.273, unless from the terms of the will, the intent is clear and explicit to the contrary. [C66, 71, 73, 75, 77, 79, 81, §633.274]

Iowa Code § 633.275 Testamentary additions to trusts.

633.275. Testamentary additions to trusts. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established, or to be established, by the testator, or by the testator and some other person or persons, or by some other person or persons, including a funded or unfunded life insurance trust, although the trustor has reserved some or all rights of ownership of the insurance contracts, if the trust is identified in the testator’s will, and if its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator regardless of the existence, size, or character of the corpus of the trust. The devise or bequest is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator’s will provides otherwise, the property so devised or bequeathed shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given and shall be administered and disposed of in accordance with the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether any such amendment was made before or after the execution of the testator’s will, and, if the testator’s will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator causes the devise or bequest to lapse. This section does not invalidate a devise or bequest made by a will executed prior to January 1, 1964. [C66, 71, 73, 75, 77, 79, 81, §633.275, 633.276; 81 Acts, ch 195, §1]

Iowa Code § 633.276 Separate identification of bequest.

633.276. Separate identification of bequest. A will may refer to a written statement, letter, or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, except tangible personal property used in trade or business. Tangible personal property, for purposes of this section, includes household goods, furnishings, furniture, personal effects, clothing, jewelry, books, works of art, ornaments, and automobiles. If the writing is dated and is either in the handwriting of the testator or is signed by testator, and if it describes the items and distributees with reasonable certainty, the personal representative shall distribute the described items of tangible personal property to the distributees entitled to them. The writing may be referred to as one to be in existence at the time of the testator’s death. The writing may be prepared before or after the execution of the will. The writing may be altered, added to, or changed in any respect by the testator after its preparation, and it may be a writing which has no significance apart from its effect upon the dispositions made by the will. Property passing by the writing shall be considered as property passing as a specific bequest under will. [81 Acts, ch 195, §2]

Iowa Code § 633.277 Uniformity of interpretation.

633.277. Uniformity of interpretation. Section 633.275 shall be so construed as to effectuate its general purpose to make uniform the law of those states which have adopted a similar provision. [C66, 71, 73, 75, 77, 79, 81, §633.277]

Iowa Code § 633.278 Devise of encumbered property.

633.278. Devise of encumbered property. When any property subject to a mortgage, other lien or security interest, is specifically devised, the devisee shall take such property so devised subject to such mortgage, other lien or security interest, unless the will provides expressly or by necessary implication that such mortgage, other lien or security interest be otherwise paid. If there is a testamentary direction to discharge such mortgage, other lien or security interest, the rules of abatement specified in section 633.436 shall be applied. [C66, 71, 73, 75, 77, 79, 81, §633.278]

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=633&year=2026Fetched: 10/20/2026