What Happens If You Die Without a Will in Iowa?
Without a will in Iowa, a surviving spouse takes the entire estateIowa Code § 633.211Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesIowa Code § 633.219(1)Verified Sep 10, 2026View source.
Iowa intestacy law decides. Iowa follows separate property rulesIowa Code § 633.211Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of your mother and issue of your father; Grandparents and their issue; Great-grandparents and their issue; Issue of a deceased spouse; Escheat to the State of IowaIowa Code § 633.211Verified Sep 10, 2026View source.
The surviving spouse's share in Iowa depends on the family. With no children: Entire estateIowa Code § 633.211Verified Sep 10, 2026View source. With shared children: Entire estate (when all children are also children of surviving spouse)Iowa Code § 633.211Verified Sep 10, 2026View source. When a child from a prior relationship survives: One-half of the real property, all exempt personal property, and one-half of the remaining personal property — with a $50,000 minimumIowa Code § 633.211Verified Sep 10, 2026View source.
Iowa divides per stirpesIowa Code § 633.219(1)Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Under Iowa intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Iowa: if no earlier heir tier takes, the portion uninherited goes to the issue of the decedent’s deceased spouse, per stirpesIowa Code § 633.219(6)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Iowa will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Iowa
Free Iowa forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Iowa, the notice to creditors is published for 2Iowa Code §§ 633.230, 633.304, 633.410, 633.413, 633.425, 633.442Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsIowa Code § 633.410Verified Sep 8, 2026View source from the last publication to present claims.
Renunciation of Executor
In Iowa, a person named as executor may renounce the right to serveIowa Code § 633.292 (scan of Chapter 633)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Iowa, the Small Estate AffidavitIowa Code § 633.356Verified Sep 8, 2026View source covers estates with personal property of $100,000Iowa Code § 633.356Verified Sep 8, 2026View source or less, 40 daysIowa Code § 633.356Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Iowa, the personal representative files the estate inventory within 120 daysIowa Code §§ 633.361, 633.364, 633.365 (§ 633.361 as amended by 2026 Acts, HF 2532, § 4)Verified Sep 15, 2026View source of appointment.
Estate Closing
In Iowa, the personal representative is discharged by court orderIowa Code §§ 633.478, 633.479Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Iowa, a will is signed before 2Iowa Code § 633.279Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyIowa Code § 633.279Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Iowa allows a choice for a healthcare power of attorney: 2Iowa Code § 144B.5Verified Jul 15, 2026View source witnesses or a notary.
Tools for Planning and Settling an Estate in Iowa
Free calculators and checklists for planning or settling an estate in Iowa: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Iowa costs an estimated $21,555Iowa Code § 633.198 ("such reasonable fee as may be determined by the court...but not in excess of the schedule of fees provided in this part for personal representatives" — § 633.197 ceiling: 6% first $1K, 4% next $4K, 2% over $5K)Verified Sep 8, 2026View source. Attorney fees set by the court and capped at a statutory scheduleIowa Code § 633.198 ("such reasonable fee as may be determined by the court...but not in excess of the schedule of fees provided in this part for personal representatives" — § 633.197 ceiling: 6% first $1K, 4% next $4K, 2% over $5K)Verified Sep 8, 2026View source.
What Are the Burial and Cremation Laws in My State?
Iowa allows you to name your own agent in advanceIowa Code § 144C.3Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Iowa levies no estate or inheritance taxNo state estate or inheritance tax. Iowa's inheritance tax is repealed for deaths on or after January 1, 2025 (Iowa Code § 450.98, 2021 Acts ch 177 / SF 619), as is the qualified use inheritance tax (§ 450B.8). Iowa's estate tax (Iowa Code ch. 451) and generation skipping transfer tax (ch. 450A) were repealed outright by 2014 Acts ch 1076 §25. The Iowa Department of Revenue confirms: "Iowa inheritance tax is not applicable for deaths occurring on or after 1/1/25."Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Iowa imposes no inheritance or estate taxNo state estate or inheritance tax. Iowa's inheritance tax is repealed for deaths on or after January 1, 2025 (Iowa Code § 450.98, 2021 Acts ch 177 / SF 619), as is the qualified use inheritance tax (§ 450B.8). Iowa's estate tax (Iowa Code ch. 451) and generation skipping transfer tax (ch. 450A) were repealed outright by 2014 Acts ch 1076 §25. The Iowa Department of Revenue confirms: "Iowa inheritance tax is not applicable for deaths occurring on or after 1/1/25."Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Iowa take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesIowa Code (2026) § 422.5(1)(a) — flat 3.8% individual rateVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Iowa costs an estimated $21,555Iowa Code § 633.198 ("such reasonable fee as may be determined by the court...but not in excess of the schedule of fees provided in this part for personal representatives" — § 633.197 ceiling: 6% first $1K, 4% next $4K, 2% over $5K)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees set by the court and capped at a statutory scheduleIowa Code § 633.198 ("such reasonable fee as may be determined by the court...but not in excess of the schedule of fees provided in this part for personal representatives" — § 633.197 ceiling: 6% first $1K, 4% next $4K, 2% over $5K)Verified Sep 8, 2026View source. Estates under $100,000Iowa Code § 633.356Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Iowa lets the court set executor compensation, capped at a statutory schedule — about $10,120 on a $500,000 estate, roughly 2.0%Iowa Code § 633.197 ("reasonable fees as may be determined by the court...but not in excess of" 6% first $1K, 4% next $4K, 2% over $5K of "the gross assets of the estate listed in the probate inventory", excluding life insurance not payable to the estate per § 633.197(2))Verified Sep 8, 2026View source.
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Iowa Estate Planning Resources
In-depth guides covering Iowa probate laws, trust requirements, and estate planning strategies.