Detailed Answer: What happens if a will is lost or destroyed under Iowa law?

Short answer: In Iowa, a will that cannot be located may still be effective if a valid copy can be proved or if witnesses can testify about its contents — but if the testator (the person who made the will) intentionally destroyed the original with the intent to revoke it, courts generally treat the will as revoked. The probate court decides whether a lost or destroyed will should be admitted to probate based on the evidence presented.

Overview of the legal issue

People commonly worry what happens when an original will is lost, misplaced, or burned. Under Iowa law the outcome depends on two main questions:

Was the will actually revoked by the testator (for example, burned or torn with the intent to cancel it)?
If there was no revocation, can the contents of the original will be reliably proved so the court can admit it to probate?

These issues are addressed by Iowa probate courts and governed by the general Iowa wills and probate rules (see Iowa Code Chapter 633 for the statutory framework on wills and probate procedures).

For the statutory framework on wills see: Iowa Code Chapter 633 (Wills). For practical probate procedure information see the Iowa Judicial Branch site: Iowa Courts.

Lost will vs. destroyed will — different legal presumptions

Courts treat “lost” and “destroyed” slightly differently because destroying a will can create a presumption of revocation:

Lost or misplaced will: If the original is missing but there is no evidence the testator intended to revoke it, a probate court may allow a copy or secondary evidence proving the will’s contents to be admitted to probate.
Destroyed will (by testator): If the testator destroyed the original with the intent to revoke, the will is typically treated as revoked. A mere accidental destruction without intent to revoke is not necessarily a revocation.

How Iowa probate courts decide whether to admit a lost or destroyed will

When an original will is missing, the person seeking to probate the will (often a nominated executor or a beneficiary) must present evidence to the court. Typical elements the court considers include:

Whether the testator was the person who created the will and had testamentary capacity when it was signed.
Whether there is evidence the testator intentionally revoked the will (for example, testimony that the testator tore or burned the will and said they were revoking it).
Whether a reliable copy of the will exists (a photocopy, digital copy, or an attested copy) and how closely that copy matches other evidence.
Testimony from attesting witnesses, family members, or the person who prepared the will about its contents and whether the testator intended it to remain in effect.
Other circumstantial evidence: the will’s location before it disappeared, the testator’s statements, and the absence of a subsequent valid will.

Where the original is lost but there is convincing proof of the will’s contents and no proof of revocation, Iowa courts will often admit a copy or other evidence to probate so the testator’s wishes are followed.

Standard of proof

Because admitting a will without the original involves risk, courts require clear and convincing evidence that the missing will existed, that the copy accurately reproduces it, and that it was not revoked. Clear and convincing is a higher standard than “preponderance of the evidence” but lower than “beyond a reasonable doubt.”

Practical steps if you discover a will is missing in Iowa

Search thoroughly: Check safe-deposit boxes, attorney’s files, home safes, and with the testator’s personal papers. Contact the attorney who prepared the will.
Preserve copies and related documents: Keep any photocopies, drafts, electronic versions, or emails that discuss the will’s terms or that show the will existed.
Collect witness statements: Identify and collect contact information for the attesting witnesses and anyone who saw the testator sign or store the will.
Consider filing a petition: If you are the nominated executor or an interested person, you can petition the Iowa probate court to admit a copy or to determine whether the will was revoked. The court will schedule a hearing and allow other interested persons to contest.
Get legal help: An attorney experienced in Iowa probate can help assemble evidence, draft the petition, and represent you in court.

What if the testator destroyed the will intentionally?

If there is reliable proof the testator destroyed the will with intent to revoke it (for example, the testator said “I revoke this will” while burning it), Iowa courts generally treat the will as revoked. The testator’s later actions or other evidence may rebut that presumption (for instance, if the destruction was accidental or done by someone else without the testator’s consent).

Contests and disputes

If beneficiaries or family members dispute whether the will was valid or revoked, the probate court will decide after a hearing. Disputes commonly involve competing claims (a later will, an earlier will, or intestacy rules if no valid will is admitted). Timely action matters: interested persons should act promptly to protect their rights.

Hypothetical examples

Example 1 — Lost original, reliable photocopy: A decedent’s original will cannot be found, but a notarized photocopy and testimony from both attesting witnesses confirm the decedent signed the will and had capacity. The Iowa probate court is likely to admit the copy if there’s no proof of revocation.

Example 2 — Testator burned will and said “this is no longer my will”: The testator intentionally destroyed the will and declared revocation. The court will likely find the will revoked unless strong evidence shows the destruction was accidental or performed by someone else.

How an attorney can help

Prepare and file the petition to admit a lost or burned will.
Compile evidence: witness affidavits, copies, drafts, and communications.
Represent you at the probate hearing and respond to any objections from other parties.
Advise whether your situation might instead be resolved by settlement or alternative dispute resolution.

Helpful Hints

Keep the original will in a secure place (attorney’s office or safe deposit box) and tell a trusted person where it is stored.
If you find a copy of a missing will, preserve it immediately: do not alter it and note where and when it was found.
Collect names and contact details of witnesses who saw the testator sign the will — their testimony is often critical.
Act quickly. Probate deadlines and disputes are easier to resolve when evidence and witnesses are fresh.
Even if you have only a digital scan or photocopy of the will, that evidence can be persuasive when combined with witness testimony.
If you suspect someone destroyed the will after the testator’s death, notify the court and consider seeking emergency relief through a probate attorney.