Who Inherits If You Die 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.

A surviving spouse of a person who lived in Iowa may take an elective share instead of what the will (or intestacy or a revocable trust) gives: one-third in value of real estate the decedent held during the marriage (unless the spouse gave up rights in writing), all exempt personal property, one-third of other personal property not needed for debts, and one-third of property in the decedent's revocable trust (with a written-waiver exception). After the personal representative serves notice, the spouse has four months to file the election with the clerk; otherwise the spouse is presumed to take under the will or intestacy. The court can extend the time if asked before it runs out.

If the gross value of the decedent's personal property that would pass by will or intestacy is $50,000 or less and there is no real property, a successor can collect the property by affidavit after 40 days have passed since the death, without opening an estate. The affidavit (under penalty of perjury) is given to the holder of the property with a certified copy of the death certificate, and covers tangible personal property, debts, accounts, securities and similar rights, and insurance or other property with no named beneficiary. It cannot be used while an estate administration is pending, and it does not transfer real estate. Medicaid repayment, taxes and creditors must be paid from what is received.