What Iowa law generally requires for a will

Under Iowa probate practice, the probate court expects to receive the original written will when someone asks the court to admit it to probate. The original is the physical paper (or other physical medium) that the testator signed. The probate court uses the original to verify the signature, witnesses, and any self-proving affidavit. Iowa’s statutory rules about wills are found in the Iowa Code, chapter on wills and probate. For general statutory guidance see the Iowa Code resources: Iowa Code (search Chapter 633 — Wills). For practical probate procedures, see the Iowa Judicial Branch probate information: Iowa Courts — Probate.

How courts and clerks treat originals versus copies

Probate courts will normally require the original will to open a probate proceeding. A certified or notarized copy may be acceptable in limited situations (for example, when the original is lost, stolen, or destroyed), but the court will want an explanation and secondary proof. If only a copy exists, the court may issue an order admitting a copy only after additional evidence convinces the court the copy accurately reflects the testator’s wishes and that the original was validly executed.

Practical steps to confirm whether a will you received is the original

1. Look at the paper itself. The original will is the signed physical document. Check for an original signature in ink, not a printed signature. Originals may show ink variations, pen pressure, or impressions in the paper.
2. Check for witness signatures and notary stamps. Most wills include signatures of the testator and one or more witnesses. A self-proving affidavit (where witnesses signed before a notary) often appears attached to the will. An original usually contains the actual handwritten witness signatures and any notary seal or jurat impressions.
3. Inspect for a notary or embossed seal. Notarizations or embossed corporate seals are physical signs that you have the original. A photocopy will not reproduce the raised texture of an embossed seal or the tactile impression of a jurat.
4. Look for staple marks, attachments, or original staples. Attachments like a self-proving affidavit may be stapled or securely attached to the original will. A loose or printed-on attachment may indicate a copy.
5. Compare suspected copy to other documents. If you have other documents with the testator’s original signature (e.g., deeds, contracts), compare signature characteristics — slant, loops, pressure. This is only an informal check; definitive conclusions require an expert.
6. Ask the person who gave it to you. Ask where they got the document and whether they believe it is the original. Ask if they took it from the decedent’s personal papers, a safe deposit box, or an attorney’s office.
7. If the will is in a safe deposit box or an attorney’s file, request verification. Banks and attorneys typically maintain records and can confirm whether they hold an original will. Iowa law and institutional practices can require certain steps before release.

What to do if you only have a copy

If you have only a copy of the will, do not assume it is sufficient. Steps you can take:

• Search for the original in the decedent’s personal files, safe-deposit box, or the attorney who prepared the will.
• Contact the county probate clerk where the decedent lived to ask about filing procedures for admitting a copy. The clerk can explain what documentation is required to proceed without an original.
• Gather secondary evidence: witness testimony that they saw the testator sign the original, a copy of the will from the attorney’s file, or other contemporaneous records.
• If someone claims the original was destroyed or lost, be prepared to present a written explanation and supporting evidence to the court. Courts will weigh such evidence before admitting a copy to probate.

What to do if you suspect the document is a forgery or altered

If you see signs of tampering (erasure marks, different inks, inconsistent handwriting, or questionable signatures), take these steps:

1. Preserve the document: do not modify, flatten, or tape it. Keep it in a safe place where it won’t be damaged.
2. Limit handling. Frequent handling can destroy forensic evidence like ink layers and impressions.
3. Contact the probate clerk or an attorney to discuss next steps. Iowa courts can order forensic document examination or call witnesses to testify about authenticity.
4. Consider a forensic handwriting or ink analysis if the stakes are high. Courts rely on qualified examiners and witness testimony when forgery is alleged.

How the probate process treats a lost or missing original

If the original will cannot be located, Iowa courts may still admit a copy if sufficient proof shows the original existed, was validly executed, and was not revoked. Expect the court to require affidavit testimony or witness statements that describe the original and explain its loss. For procedural guidance on probate filings, consult the Iowa Judicial Branch resources: Iowa Courts — Probate.

When to contact an attorney

Consider speaking with a probate attorney if:

• You can’t find an original but need to open probate quickly.
• You suspect forgery, undue influence, or tampering.
• Multiple people claim different versions of the will or provide conflicting information.
• The estate has significant assets or complex issues that increase the chance of disputes.

An attorney can help you gather admissible evidence, file the correct petitions with the probate court, and represent your interests if others contest the will.

Helpful Hints

• Original = the signed physical document. Copies are not a swap-in replacement without the court’s approval.
• Look for handwritten signatures, witness signatures, and any notary or embossed seal.
• Preserve suspected original documents in a safe, dry place and avoid unnecessary handling.
• Contact the decedent’s attorney, bank, or the probate clerk early — they often know where originals are kept.
• If you have only a copy, gather corroborating witnesses and records before approaching the court.
• Document your chain of custody: who had the will, when, and where you found it. Courts value clear timelines.
• When in doubt or if stakes are high, consult a probate attorney to protect your rights and to help present evidence correctly to the court.