Intestate Succession In Iowa [2024]

Did you know that when someone dies without a will in Iowa, the State of Iowa has a will for them? If someone at the time of death does not have a will, their estate is distributed according to state law. Iowa laws for intestate succession can be found in Iowa Code 633.212 and determines the order of inheritance of the estate and personal property.

Spouse’s Share

If a deceased is survived by a spouse but has no children or living parents, the surviving spouse is entitled to the entire estate. If the deceased leaves behind a spouse and children with that same spouse, the spouse inherits the full estate. However, if the deceased is survived by a spouse and has descendants from a partner different from the surviving spouse, the spouse and the children split the real property with the percentage of the estate inherited by the spouse dependent on the value of the property.

Surviving Children and Descendants

If there is no surviving spouse, or if the estate is not fully inherited by a deceased spouse, the estate passes to the deceased person’s children or their descendants. The estate is inherited equally if there are multiple children. If a child has predeceased the decedent but has surviving descendants (grandchildren), the grandchildren will inherit their parent’s share, per stirpes.

Parents

If there is no surviving spouse, children, or descendants, the estate passes to the deceased person's parents equally, or to the surviving parent if only one is alive.

Siblings and Other Relatives

If there is no surviving spouse, descendants (either children or grandchildren), or parents, then the estate would pass to the siblings of the deceased, in equal shares.

No Surviving Relatives

When one does not have any surviving relatives, the State of Iowa inherits the estate.

Special Considerations

Not all assets are subjected to the Iowa intestacy laws. Retirement accounts with named beneficiaries, assets held in joint tenancy, and life insurance policies typically pass outside of the probate process.

Start Your Real Estate Planning With Frontier Bank

Intestate succession laws in Iowa provide guidelines for distributing the assets of the deceased who did not leave behind a will or trust. By understanding these laws, individuals can plan their estates to ensure that their assets are distributed according to their wishes and in accordance with state regulations.

Reference our chart below to help you visualize this process.

It's never too early to plan for your estate. Reach out to the Wealth Management + Trust team for expert guidance today.