Detailed Answer
When someone dies in Iowa without a valid will, they die “intestate.” Iowa’s intestacy laws (Iowa Code chapter 633) dictate who inherits the estate. The process ensures assets pass to blood relatives or next‐of‐kin in a defined order.
1. Definition of Intestacy
Iowa Code § 633.209 defines intestacy as a death without a valid will. The court opens probate and applies the statutory order of distribution.
2. Distribution to a Surviving Spouse
Under Iowa Code § 633.212, a surviving spouse generally receives:
- The first $100,000 of the estate’s value; and
- If the decedent had no children or all children are also the spouse’s children, the entire remainder.
- If the decedent had children from another relationship, one‐half of the remaining estate after the $100,000 allowance.
3. Distribution to Children
Per Iowa Code § 633.214, when the decedent leaves children:
- If there is no surviving spouse, the entire estate is divided equally among the children.
- If there is a surviving spouse and the children are not all the spouse’s, the children split the portion not inherited by the spouse.
4. Distribution to Other Heirs
If there is no surviving spouse or children, Iowa Code outlines a hierarchy:
- Parents; if none, then
- Siblings; then
- Nieces and nephews; then
- More distant relatives (grandparents, aunts, uncles, cousins) per Iowa Code § 633.217.
5. No Heirs: Escheat to the State
If no heirs can be located, the estate escheats to the state of Iowa under Iowa Code § 633.227. The Iowa Treasurer holds funds indefinitely in case heirs later come forward.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Locate any surviving spouse or descendants before filing probate papers.
- Gather birth, marriage and death certificates to verify heir relationships.
- Contact the county probate office to open an intestate estate proceeding.
- Consider a family settlement agreement if potential heirs agree on distributions.
- Keep clear records of the estate’s assets, debts and expenses for the probate court.