IA risk area
Intestacy risk in Iowa
How assets are distributed when there is no will and state default rules control the outcome.
Iowa intestacy provides different spouse shares depending on whether all descendants are also the spouse’s, with a minimum-dollar protection when there are non-spousal descendants.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there are no descendants or all descendants are also the spouse’s, the spouse receives all qualifying real property and personal property not needed for debts.
- If some descendants are not the spouse’s, the spouse receives one-half of qualifying real property and one-half of other personal property not needed for debts.
- When there are non-spousal descendants, the spouse receives at least $50,000 in value if the shares above fall short.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions this risk area helps you evaluate in Iowa
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Iowa intestacy provides different spouse shares depending on whether all descendants are also the spouse’s, with a minimum-dollar protection when there are non-spousal descendants.
- If there are no descendants or all descendants are also the spouse’s, the spouse receives all qualifying real property and personal property not needed for debts.
- If some descendants are not the spouse’s, the spouse receives one-half of qualifying real property and one-half of other personal property not needed for debts.
- When there are non-spousal descendants, the spouse receives at least $50,000 in value if the shares above fall short.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/iowa/title-xv/chapter-633/section-633-211/
- https://law.justia.com/codes/iowa/title-xv/chapter-633/section-633-212/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-iowa.html
- https://law.justia.com/codes/iowa/2021/title-xv/chapter-633/section-633-227/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Iowa.