What Happens If You Die Without a Will in Iowa?

In Iowa, whether your parents are alive significantly affects what your spouse inherits. If neither parent survives you, your spouse inherits everything. But if a parent is still living, your spouse must share the estate with them—typically receiving a fixed dollar amount plus a percentage of the remainder, with the rest going to your parents. This surprises many couples who assume everything goes to the surviving spouse. A will ensures your spouse receives your full estate if that's your preference.

Iowa adjusts inheritance shares for blended families. When you have children from a prior relationship, your spouse receives the first $50,000 plus 50% of the remainder—typically a smaller share than if all children were shared. This ensures children from your prior relationship receive a meaningful inheritance rather than having to wait until the surviving spouse dies and hope something remains.

Unlike most states, Iowa has no survival period requirement. An heir can inherit even if they die moments after you. This can lead to property passing through multiple estates in rapid succession—for example, if you and your spouse die in the same accident, your assets could pass to your spouse's estate and then immediately to your spouse's heirs, potentially cutting out your side of the family entirely. A will with a survival clause (requiring heirs to survive you by 30-120 days) can prevent this outcome.

Iowa uses "per stirpes" distribution, meaning descendants step into their deceased ancestor's shoes. If one of your children dies before you, their children (your grandchildren) collectively inherit what their parent would have received. They split their parent's share among themselves, regardless of how many children your other surviving children have. This keeps family branches intact—each branch of the family tree receives the same total share, even if one branch has more descendants than another.

Iowa's intestacy laws are codified in Iowa Code § 633.211. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.