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Spousal Elective Share Law in Iowa

In Iowa, a surviving spouse can elect one-third of the decedent's real property held during the marriage, exempt personal property, one-third of other personal property and one-third of certain revocable trust property, within 4 months after being served notice.

Last checked . General information, not legal advice.

Iowa at a glance

Elective share
1/3 of real estate and personal property, plus exempt property
Also one-third of revocable trust property in many cases. The elective share replaces gifts under the will, intestacy and revocable trust.
Deadline to elect
4 months after service of notice
Counted from service of the personal representative's (or trustee's) notice. The court may extend it if asked before it expires.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Iowa

How much can a surviving spouse claim in Iowa if left out of the will?

Elective share in Iowa: 1/3 of real estate and personal property, plus exempt property. Also one-third of revocable trust property in many cases. The elective share replaces gifts under the will, intestacy and revocable trust.

What is the deadline to claim the elective share in Iowa?

Deadline to elect in Iowa: 4 months after service of notice. Counted from service of the personal representative's (or trustee's) notice. The court may extend it if asked before it expires.

Is Iowa a community property state?

No. Community property state in Iowa: no. Not on the IRS list of community property states.

Where do the Iowa spousal elective share laws come from?

The rules above come from Iowa Code 633.236, Iowa Code 633.237 and Iowa Code 633.238. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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