- Married with no children
- If there are no children, the surviving spouse is entitled to the entire estate.
- Married with child or children
- If the decedent’s children are also the children of the surviving spouse, that spouse receives the entire estate. If the decedent is survived by children who are not issue of the surviving spouse, the surviving spouse is entitled to one half of the value of real estate possessed by the decedent during the marriage, all personal property owned as a head of a familt by the decedent at death and one half of the value of personal property. At a minimum, the surviving spouse is entitled to at least $50,000 in assets from the estate.
- Order of estate distribution if spouse survives
- Any part of the estate not passing to the surviving spouse or children passes in the following order:
1) parents
2) children of the decedent’s parents
3) decedent’s grandparents or their issue
4) decedent’s great grand parents or their issue
5) the issue of the decedent’s deceased spouse
If the decedent had more than one spouse who died in lawful wedlock, the estate is divided equally between the issue of those deceased spouses. - No spouse survives (or the decedent was not married) but there are other relatives
- 1) parents
2) children of the decedent’s parents
3) decedent’s grandparents or their issue
4) decedent’s great grand parents or their issue
5) the issue of the decedent’s deceased spouse
If the decedent had more than one spouse who died in lawful wedlock, the estate is divided equally between the issue of those deceased spouses. - No surviving relatives
- The estate passes to the state of Iowa.
- State link
- http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm
- Special notes
- When you click on the state link, look for sections 633.211 to 633.226.
