To get a copy of a will in Iowa, contact the clerk of the district court in the county where the estate was probated. Once a will has been admitted to probate, it is part of the public court record and anyone can request it. Standard copies cost $0.50 per page, and a certified copy costs an additional $30 for the court’s certificate and seal.1Iowa Judicial Branch. Civil Court Fees
Is the Will Public Yet
Whether you can get a copy depends on whether the testator has died and whether the will has been filed with the court. Under Iowa Code § 633.286, a living person can deposit a will with the clerk for safekeeping, and the clerk seals it in a wrapper labeled with the testator’s name, the depositor’s name, and the date. That sealed document is private. No one but the testator or someone the testator authorizes can access it.
After the testator dies and the will is admitted to probate, the clerk endorses a certificate of probate on the will, signed and sealed by the court. From that point the will can be read in evidence in any court without further proof.2Iowa Legislature. Iowa Code 633.300 – Certificate of Probate Because probate is a public court proceeding, the will and every related filing become accessible to anyone who asks.3Iowa Judicial Branch. Public Records Requests
If the person has died but no one has filed the will yet, it won’t appear in court records at all. That is a different situation, handled further down.
Find the Right County and Case Number
Iowa gives original and exclusive probate jurisdiction to the county where the deceased person lived at the time of death. If the person was not an Iowa resident but owned property in the state, the county where that property sits handles the estate.4Iowa Legislature. Iowa Code 633.12 – County of Jurisdiction Another county’s clerk won’t have the file.
If you’re not sure which county to contact, search Iowa Courts Online. The state’s electronic docket is free to use and requires no registration. Search by the decedent’s name to find the county and case number.5Iowa Judicial Branch. Iowa Courts Online Search Having the case number in hand before you contact the clerk is the single biggest time-saver in the whole process.
How to Make the Request
Iowa does not require a formal application. You can make the request verbally or in writing during regular business hours at the clerk of court’s office in the county where the case is filed. For anything complex, the clerk may ask you to put it in writing.3Iowa Judicial Branch. Public Records Requests Either way, bring:
- The decedent’s full legal name, spelled exactly as it appears in court records if you know.
- The date of death, or an approximate date if that’s all you have.
- The case number from Iowa Courts Online, if you found one.
- A clear description of what you need. Ask specifically for the Last Will and Testament rather than the entire probate file, unless you actually want everything.
You can also go to the courthouse and use the public access terminal to view case documents electronically. Iowa’s eFile system lets users review filings and track case activity online, though getting the actual document usually means going through the clerk’s office or the courthouse terminal.6Iowa Judicial Branch. eFile
The clerk’s office responds to records requests promptly or as soon as practicable depending on the size and nature of the request.3Iowa Judicial Branch. Public Records Requests A simple copy request is usually handled within a few business days.
What You’ll Pay
Iowa sets uniform statewide fees. A standard photocopy is $0.50 per page, which is fine if you just want to read the will.1Iowa Judicial Branch. Civil Court Fees If you need it for something official, like transferring a bank account, filing with a government agency, or proving your inheritance to a financial institution, you’ll need a certified copy.
Certification costs $30 for the court’s certificate and seal, on top of the per-page charge.7Iowa Legislature. Iowa Code 602.8105 – Fees for Civil Cases and Other Services So a certified copy of a five-page will runs $32.50: $2.50 in copies plus the $30 seal. Payment is typically due before the documents are released. Accepted payment methods vary by office; some clerks take personal checks and money orders, others also accept credit cards, so ask.
One exception: the certification fee is waived for applications related to a pension, bounty, or back pay for a member of the armed services.7Iowa Legislature. Iowa Code 602.8105 – Fees for Civil Cases and Other Services
If No Will Has Been Filed
Anyone who has custody of a deceased person’s will is legally required to deliver it to the court with jurisdiction over the estate. Iowa Code § 633.285 is direct: willfully refusing or failing to deliver a will after the court orders it is contempt of court, and the person can also be held liable for damages to anyone harmed by the delay.8Iowa Legislature. Iowa Code 633.285 – Custodian, Filing, Penalty
If you believe someone is holding the original and won’t turn it over, contact the clerk of court about petitioning the court to compel delivery. The court has authority to order production and to punish noncompliance.
If the Original Cannot Be Found
Sometimes no one can locate the original will after the testator’s death. If the testator had the original in their possession, most courts apply a rebuttable presumption that the testator destroyed it intending to revoke it. That presumption can be overcome with evidence.
Admitting a copy of a lost will to probate generally requires establishing three things: that a valid will existed and met all legal formalities, that the copy accurately reflects the original, and that the testator did not intend to revoke it. Testimony from the drafting attorney, the witnesses who signed the will, or people the testator spoke with about their estate plans can help rebut the presumption. Iowa probate courts have their own procedures for proving the existence and terms of a lost will, and this is the point at which working with a probate attorney is worth the cost.