Dying Without a Will
Iowa Code § 633.211 — the surviving spouse takes it all when every child is the spouse's too
- With a surviving spouse and no children, or only children of both, the spouse takes the real estate, the exempt personal property, and all other personal property not needed for debts.
- With a child who is not the spouse's, the spouse takes one-half of the real estate and other personal property, and the exempt personal property, made up to $50,000 if it falls short.
The rest, or everything if there is no spouse, passes to the decedent's issue, then the parents, then the issue of the parents, and on through the order the section sets.
Sources for this section (3)
- Iowa Code § 633.211 — Share of surviving spouse if decedent left no issue or left issue all of whom are issue of surviving spouse
- Iowa Code § 633.212 — Share of surviving spouse if decedent left issue some of whom are not issue of surviving spouse
- Iowa Code § 633.219 — Share of others than surviving spouse
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Iowa attorney.