Sarah Ingles, REALTOR® SRES® · Fathom Realty
If a loved one passed away in Iowa without a will, their estate goes through "intestate succession" — a set of state laws that decide who inherits and in what order. This article explains how Iowa intestate succession works in 2026, who gets what, and what heirs and executors need to do first.
Intestate simply means a person died without a valid will. Their assets still pass to heirs — but the court uses Iowa Code Chapter 633 (Probate Code) rather than a will to decide who those heirs are. The same district court that handles wills also handles intestate estates, and a personal representative (administrator) is appointed to manage the estate.
Iowa's intestate rules are in Iowa Code § 633.211 through § 633.219. The practical order of inheritance:
The surviving spouse inherits the entire estate. Simple case.
The surviving spouse inherits the entire estate. Iowa assumes the spouse will provide for the shared children.
The surviving spouse inherits:
The decedent's descendants from the prior relationship split the other half.
The descendants inherit everything, split per stirpes (by branch of the family tree).
The estate passes to parents, then siblings, then more distant relatives in a specific order laid out in Iowa Code.
The estate "escheats" to the State of Iowa. This is extremely rare.
The process is very similar to probate with a will, with a few differences:
1. Petition for appointment. An interested party (usually the surviving spouse or oldest adult child) petitions the Iowa district court to be appointed administrator. 2. Post a bond. Iowa usually requires administrators in intestate estates to post a bond (insurance that protects the estate from administrator misconduct). A will typically waives this requirement. 3. Inventory and appraise assets. Just like any probate. 4. Notice to creditors. 4-month claim period starts. 5. Pay debts and file tax returns. 6. Distribute per Iowa intestate succession rules — not based on what anyone in the family thinks is "fair," but what the statute says. 7. File final accounting and close the estate.
If the decedent owned a home in their name alone (not jointly titled, not held in a trust, no TOD deed), the home is subject to intestate succession. This means:
Most intestate Iowa estates I work with involve real property, and that's where most of the complexity lives. Who physically maintains the house during probate? Who pays the mortgage? Who decides on listing price? Answer: the administrator, with court supervision.
Even in intestate succession, the administrator needs:
As a REALTOR® with SRES® and CPCU certifications, I work with Iowa probate attorneys on intestate cases throughout Polk, Dallas, Warren, and Madison counties.
1. Assuming the surviving spouse gets everything. Not true if there are stepchildren. 2. Distributing assets before court authorization. Personal liability risk for the administrator. 3. Letting the home's insurance lapse. The single most expensive mistake I see. 4. Not checking for TOD deeds, POD accounts, or beneficiary designations — these pass outside intestate succession and can dramatically change who inherits. 5. Trying to handle it without an attorney. Iowa probate courts generally require one in formal probate.
Q: What happens if you die without a will in Iowa? A: Your estate passes through intestate succession under Iowa Code Chapter 633. The surviving spouse, descendants, parents, or siblings inherit based on a specific priority order. An administrator is appointed by the district court to manage the estate just like a regular probate.
Q: Who inherits if there is no will and no spouse in Iowa? A: The decedent's descendants (children, then grandchildren) inherit everything, divided per stirpes. If there are no descendants, parents inherit; if no parents, siblings; and so on through more distant relatives.
Q: Does Iowa have a small estate exemption for intestate cases? A: Yes. Iowa has a small estate affidavit process for estates under a certain threshold (around $50,000 as of 2026 — verify current limit with an attorney). This avoids formal probate entirely.
Q: Is intestate probate slower than probate with a will? A: Usually about the same — 6 to 12 months. The bond requirement can add a week or two upfront, but the rest of the process is identical.
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