Affidavit of Heirship in Iowa
Whether Iowa lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute. Iowa has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned real property (for deaths on or after January 1, 2025). Iowa Code § 633.356
| Affidavit / determination of heirship | No statute. Iowa has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned real property (for deaths on or after January 1, 2025). Real estate in the decedent's name generally passes through probate (regular or small estate administration), unless held in joint tenancy with right of survivorship or in a trust. Source: Iowa Code § 633.356 |
|---|---|
| Who inherits without a will | Surviving spouse: if the decedent left no children or descendants, or all of them are also the surviving spouse's, the spouse receives the whole estate (all real estate the decedent held during the marriage, exempt personal property and other personal property not needed for debts). If some descendants are not the surviving spouse's, the spouse receives one-half of the real estate and other personal property plus the exempt personal property, and at least $50,000 in total if the estate allows. Whatever does not go to the spouse passes to descendants by representation; if none, to the parents equally (or the surviving parent); then to the parents' descendants (siblings and their lines); then to grandparents and their descendants (half to each side); then great-grandparents and their descendants; then to the descendants of a deceased spouse; and finally to the State of Iowa. |
More Iowa estate law
- Medical Power of Attorney in Iowa
- Small Estate Affidavit in Iowa
- Power of Attorney in Iowa
- Quitclaim Deeds and Transferring Property in Iowa
- Who Inherits If You Die Without a Will in Iowa
- How to Make a Valid Will in Iowa
- How Probate Works in Iowa
- Living Wills and Advance Directives in Iowa
- Revocable Living Trusts in Iowa
- Executor Duties in Iowa
- Letters Testamentary in Iowa
- How to Avoid Probate in Iowa
- Transferring a Car After Someone Dies in Iowa
- All Iowa wills, probate and estate rules
FAQ
Does Iowa have an affidavit of heirship?
No statute. Iowa has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned real property (for deaths on or after January 1, 2025). Real estate in the decedent's name generally passes through probate (regular or small estate administration), unless held in joint tenancy with right of survivorship or in a trust.
Who inherits if someone dies without a will in Iowa?
Surviving spouse: if the decedent left no children or descendants, or all of them are also the surviving spouse's, the spouse receives the whole estate (all real estate the decedent held during the marriage, exempt personal property and other personal property not needed for debts). If some descendants are not the surviving spouse's, the spouse receives one-half of the real estate and other personal property plus the exempt personal property, and at least $50,000 in total if the estate allows. Whatever does not go to the spouse passes to descendants by representation; if none, to the parents equally (or the surviving parent); then to the parents' descendants (siblings and their lines); then to grandparents and their descendants (half to each side); then great-grandparents and their descendants; then to the descendants of a deceased spouse; and finally to the State of Iowa.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.