What Happens if You Die Without a Will in Iowa?
If you die without a will in Iowa, your assets pass to your closest relatives under the state's intestate succession laws found in Iowa Code sections 633.211 through 633.219. Unusually, Iowa's rules distinguish real property from personal property.
If You are Married with Children
- If 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 and charges. In practice, this typically amounts to nearly everything.
- If you have one or more children who are not your spouse's, your spouse inherits half of your real property, all exempt personal property, and one-half of your other personal property, with a guaranteed minimum of $50,000 in total value. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits all of your real property, all exempt personal property, and all other personal property not needed to pay debts.
If You Don't Have a Spouse, but Have Children
Your children inherit everything in equal shares. This includes legally adopted children, but generally not stepchildren who were never legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to your parents equally, or to the survivor if one has died.
If No Living Relatives Can Be Found
If you have no surviving spouse, children, or parents, your estate is divided into two equal shares between the descendants of your mother and the descendants of your father. If no qualifying relative can be located at all, your property escheats to the State of Iowa. This is rare.
Other Things to Know about Dying Without a Will in Iowa
- Stepchildren generally do not inherit unless they were legally adopted.
- The probate court will appoint an administrator to oversee the estate.
- Iowa repealed its state inheritance tax for deaths on or after January 1, 2025.
When Does an Estate Go Through Probate Without a Will
If your estate consists only of personal property worth $50,000 or less, with no real estate involved, your family may qualify for a simplified distribution by affidavit instead of a full probate proceeding, once at least 40 days have passed since the death.
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