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Intestate Succession Laws in Iowa

In Iowa, a surviving spouse inherits the entire intestate estate when the deceased leaves no children or only children who are also the spouse's children. Iowa is not a community property state.

Last checked . General information, not legal advice.

Iowa at a glance

Spouse share with shared children
Entire estate
If any child is not also the spouse's child, the spouse takes 1/2 of real and personal property, with a $50,000 minimum.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
Entire estate
Parents do not share when there are no children.
Community property state
No

Sources

Last checked

The rules in Iowa

How much does a surviving spouse inherit in Iowa when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Iowa: Entire estate. If any child is not also the spouse's child, the spouse takes 1/2 of real and personal property, with a $50,000 minimum.

Does a surviving spouse in Iowa inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Iowa: yes.

How much does a surviving spouse inherit in Iowa when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Iowa: Entire estate. Parents do not share when there are no children.

Is Iowa a community property state?

No. Community property state in Iowa: no.

Where do the Iowa intestate succession laws come from?

The rules above come from Iowa Code 633.211 and Iowa Code 633.212. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under section 633.211 the spouse receives all of the deceased's real property interests held during the marriage, exempt personal property and all other personal property not needed to pay debts and charges.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.