Iowa Code 633.295 – Testimony of witnesses
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Terms Used In Iowa Code 633.295
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Probate: Proving a will
- Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testator: A male person who leaves a will at death.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
633.295 Testimony of witnesses.
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)
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)
(Stamp)
[C66, 71, 73, 75, 77, 79, 81, §633.295]
………………………….. Signature of notarial officer
[……………………] Title of office
[My commission expires: ……..]
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