IA risk area
Complexity triggers in Iowa
Scenarios that increase estate risk, such as blended families or multi-state property.
Iowa provides a surviving spouse elective share right and a separate support allowance during estate administration.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse has a statutory right to elect an elective share of the estate.
- The court may order a spousal support allowance for up to twelve months during administration.
Questions to consider
Questions this risk area helps you evaluate in Iowa
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Iowa provides a surviving spouse elective share right and a separate support allowance during estate administration.
- A surviving spouse has a statutory right to elect an elective share of the estate.
- The court may order a spousal support allowance for up to twelve months during administration.
Sources
- https://codes.findlaw.com/ia/title-xv-judicial-branch-and-judicial-procedures-chs-595-686/ia-code-sect-633-236/
- https://www.legis.iowa.gov/docs/code/633.374.pdf
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Iowa.