Detailed Answer
In Iowa, a surviving spouse may claim a statutory allowance in probate under Iowa Code §633.43 (Iowa Code §633.43). This allowance provides up to $20,000 in homestead value (or $30,000 if minor children) and $15,000 in personal property. To qualify, the court must recognize you as the decedent’s lawful spouse.
A marriage certificate serves as the primary proof of marital status per Iowa Code §600B.21 (Iowa Code §600B.21). If the certificate is incomplete or missing, probate courts may admit secondary evidence, such as:
- Joint federal or state tax returns;
- Affidavits from family or clergy;
- Joint lease or mortgage documents;
- Birth certificates of minor children listing you both as parents;
- Insurance or pension beneficiary records.
Your attorney can file a motion under Iowa Code §633.38 (Iowa Code §633.38) to admit secondary evidence. The court holds a hearing to evaluate credibility and may accept these records in lieu of an official certificate.
Absent clear proof of marriage, the court may delay or deny your allowance and administer the estate as intestate. To avoid this risk, petition the county recorder for a certified copy or file for correction as soon as possible.
Helpful Hints
- Request a certified marriage certificate from the county recorder.
- Collect affidavits from wedding witnesses or officiants.
- Compile joint financial and residential documents.
- File a probate motion to prove marriage if the certificate is missing.
- Consult a probate attorney to guide you through contested hearings.
Disclaimer: This article is for informational purposes and does not constitute legal advice.