Probate in Iowa: What Your Family Goes Through Without a Will

When someone dies without a will in Iowa, the estate is distributed under the state's intestate succession laws through Iowa's probate court. Some assets skip the probate process entirely.

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Those exceptions include the following.

• Any life insurance policies with a designated beneficiary.

• Any retirement accounts that have a beneficiary listed.

• Property held in joint tenancy with right of survivorship.

• Any bank accounts with a payable-on-death designation.

If none of these apply, Iowa allows for a simplified distribution by affidavit process for estates with personal property worth $50,000 or less, once at least 40 days have passed since the death. This process cannot be used if the estate includes any real property.

Succession Laws Without a Will in Iowa

Iowa is not a community property state, but its succession rules are structured differently from most other states, distinguishing real property, exempt personal property, and other personal property. Under Iowa Code 633.211 and 633.212, the lines of succession are as follows.

• If you are married with no children, or all of your children are also your spouse's, your spouse inherits all of your real property, all exempt personal property, and all other personal property not needed to pay debts, which in practice means your spouse typically inherits nearly everything.

• If you have children who are not your spouse's, your spouse inherits one-half of your real property, all exempt personal property, and one-half of your other personal property, guaranteed to be worth at least $50,000 total.

• If you have no spouse, your children inherit the whole estate. If you have no surviving spouse or children, your parents inherit equally, and if there are none, your estate is divided between your mother's and father's sides of the family.

Want to compare your options before or after probate? Compare what is included in a will and a trust.