Senate
Study
Bill
3014
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
wills,
including
witness
requirements
1
for
the
execution
of
a
will
and
procedure
for
wills
to
be
2
admitted
into
probate.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5271XC
(1)
89
cm/jh
S.F.
_____
Section
1.
Section
633.279,
Code
2022,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Definition.
For
purposes
for
this
3
section,
“presence”
means
any
manner,
physical
or
electronic,
in
4
which
the
witnesses
and
testator
can
see
and
hear
the
acts
of
5
each
other
in
real
time.
6
Sec.
2.
Section
633.301,
Code
2022,
is
amended
to
read
as
7
follows:
8
633.301
Copy
of
will
for
executor.
9
When
Upon
request
by
the
executor,
when
a
will
has
been
10
admitted
to
probate
and
certified
pursuant
to
section
633.300
,
11
the
clerk
shall
cause
a
certified
copy
thereof
to
be
placed
12
in
the
hands
of
the
executor
to
whom
letters
are
issued.
The
13
clerk
shall
retain
the
will
in
a
separate
file
provided
for
14
that
purpose
until
the
time
for
contest
has
expired,
and
15
promptly
thereafter
shall
place
it
with
the
files
of
the
16
estate.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
requirements
regarding
wills.
21
To
be
valid,
all
wills
and
codicils
must
be
in
writing
and
22
signed
in
the
presence
of
two
witnesses,
whether
the
will
is
23
formally
executed
or
self-proved.
The
bill
provides
that
24
“presence”
means
any
manner,
physical
or
electronic,
in
which
25
the
witnesses
and
testator
can
see
and
hear
the
acts
of
each
26
other
in
real
time.
27
Under
current
law,
when
a
will
has
been
certified
and
28
admitted
to
probate,
the
clerk
must
provide
a
certified
copy
29
of
the
will
to
the
executor.
The
bill
provides
that
the
30
clerk
must
provide
a
certified
copy
of
the
will
only
upon
the
31
executor’s
request.
32
-1-
LSB
5271XC
(1)
89
cm/jh
1/
1