Intestate Succession Rules in Iowa
Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
What Is Intestate Succession?
Intestate succession occurs when a person dies without a valid will. Iowa law (Iowa Code ch. 633) lays out how to distribute the decedent’s assets among heirs. The process takes place in probate court and follows a strict order of priority.
Distribution When No Spouse Exists and Three Children Survive
Under Iowa Code § 633.212, if a decedent leaves no surviving spouse but has surviving descendants, the entire estate passes to those descendants. Iowa Code § 633.229 provides that descendants inherit by representation (per stirpes). When three children survive the decedent:
- Each child receives an equal one-third share of the estate.
Example: If the decedent’s probate estate totals $150,000, each of the three children inherits $50,000.
Key Iowa Statutes
- Iowa Code § 633.212 – Allocation when no surviving spouse exists
- Iowa Code § 633.229 – Distribution to descendants by representation
How to Initiate the Probate Process
1. File a Petition for Administration in the district court of the county where the decedent resided.
2. Submit the death certificate and an inventory of assets.
3. Notify potential heirs and creditors.
4. Obtain court orders to pay debts and distribute assets.
Helpful Hints
- Locate the decedent’s bank statements, deeds, and titles early.
- Obtain multiple certified copies of the death certificate.
- Keep a detailed inventory of all assets and debts.
- Confirm the identities and contact information of all three children.
- Consult probate court clerks for local filing requirements.
- Consider hiring an estate attorney for complex estates.