Iowa Probate Without a Will (Intestacy)

When someone dies without a will in Iowa, the estate is distributed according to the state's Intestacy statutes §633.211. Iowa does not recognize holographic (handwritten, unwitnessed) wills, so if no properly executed will is found, intestacy rules apply. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving descendants
• Spouse receives entire estate if the deceased has surviving parents but no children
• Spouse receives entire estate (all real and personal property not needed for debts) when all issue are also issue of the surviving spouse if there are surviving children who are also children of the surviving spouse
• Spouse receives one-half of the estate if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Children (and their descendants by representation) share equally
• If no children: parents inherit equally
• If no parents: siblings (and their descendants) share equally
• Grandparents, then their descendants

Without a will naming an Executor, the court appoints an administrator. Iowa law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes