633.279 Signed and witnessed. 1. Formal execution. All wills and codicils, except as provided in section 633.283, to be valid, must be in writing, signed by the testator, or by some person in the testator’s presenceand by the testator’s express direction writing the testator’s name thereto, and declared bythe testator to be the testator’s will, and witnessed, at the testator’s request, by two competentpersons who signed as witnesses in the presence of the testator and in the presence of eachother; provided, however, that the validity of the execution of any will or instrument whichwas executed prior to January 1, 1964, shall be determined by the law in effect immediatelyprior to said date. 2. Self-proved will.a. An attested will may be made self-proved at the time of its execution, or at any subsequent date, by the acknowledgment thereof by the testator and the affidavits ofthe witnesses, each made before a person authorized to administer oaths and takeacknowledgments under the laws of this state, and evidenced by such person’s certificate,under seal, attached or annexed to the will, in form and content substantially as follows: Affidavit State of........................ he laws of this state, and evidenced by such person’s certificate,under seal, attached or annexed to the will, in form and content substantially as follows: Affidavit State of........................ ) County of........................ ) ss We, the undersigned, ............................, ............................ and ...................................., the testator and the witnesses, respectively,whose names are signed to the attached or foregoing instrument,being first duly sworn, declare to the undersigned authority thatat the date of the instrument, we all knew the identity of eachother; the instrument was exhibited to the witnesses by the testator,who declared it to be the testator’s last will and testament andwas signed by the testator or by another at the direction of thetestator at ................................, in the County of ........................,State of ........................, on the date shown in the instrument, andin the presence of each other as subscribing witnesses; that we,as witnesses, declare to the undersigned authority that in ourpresence the testator executed and acknowledged such will asthe testator’s will and that we, in the testator’s cribing witnesses; that we,as witnesses, declare to the undersigned authority that in ourpresence the testator executed and acknowledged such will asthe testator’s will and that we, in the testator’s presence, at thetestator’s request, and in the presence of each other, did subscribeour names thereto as attesting witnesses on the date of such will;and that the witnesses were sixteen years of age or older.............................Testator............................Witness............................Witness............................ Subscribed, sworn and acknowledged before me by ................................, the testator; and subscribed and sworn beforeme by ................................ and ............................, witnesses, this............ day of ........................ (month), ............ (year) ............................. Signature of notarialofficer (Stamp) [...................]Title of office Sat Dec 23 11:24:56 2023 Iowa Code 2024, Section 633.279 (57, 4) §633.279, PROBATE CODE 2 [My commission expires] b. A self-proved will shall constitute proof of due execution of such instrument as required by section 633.293 and may be admitted to probate (57, 4) §633.279, PROBATE CODE 2 [My commission expires] b. A self-proved will shall constitute proof of due execution of such instrument as required by section 633.293 and may be admitted to probate without testimony of witnesses. 3. Execution of remote will or codicil in counterparts. When a will or codicil is executed using remote signing under this section, the original document may be executed in one ormore counterparts by parties located in different locations, and all such counterparts may beaggregated to comprise the complete will or codicil of the testator. 4. Remote will or codicil under disaster proclamation. Any will or codicil executed using the remote signing procedures permitted under the proclamation of disaster emergency of thegovernor issued April 2, 2020, and expired February 15, 2022, shall be deemed to satisfy thepresence requirements of this section if the will or codicil was executed during the effectiveperiod of the proclamation of disaster emergency. 5. Definition. For purposes of this section, 'presence' means any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in realtime. ter emergency. 5. Definition. For purposes of this section, 'presence' means any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in realtime. [C51, §1281; R60, §2313; C73, §2326; C97, §3274; C24, 27, 31, 35, 39, §11852; C46, 50, 54, 58, 62, §633.7; C66, 71, 73, 75, 77, 79, 81, §633.279] 2000 Acts, ch 1058, §56; 2011 Acts, ch 25, §73; 2012 Acts, ch 1050, §57, 60; 2013 Acts, ch 33, §2, 9; 2015 Acts, ch 30, §180; 2023 Acts, ch 133, §2, 3 Referred to in §622.1Subsection 4 applies retroactively to wills and codicils executed on or after April 2, 2020; 2023 Acts, ch 133, §3NEW subsections 3 – 5 Sat Dec 23 11:24:56 2023 Iowa Code 2024, Section 633.279 (57, 4)
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