Iowa Probate and Intestate Succession: What Happens Without a Will (2026)

Iowa has no separate probate court. Estates move through the probate docket of the Iowa District Court under Iowa Code Chapter 633, and a distinctive $50,000 no-case affidavit lets many small estates skip a court filing entirely.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Iowa

Iowa has no free-standing probate court. Instead, probate matters, including decedents' estates, guardianships, and conservatorships, are handled by the probate docket of the Iowa District Court in the county where the decedent lived, and some counties assign associate probate judges with limited probate-only jurisdiction. The governing law is Iowa Code Chapter 633, the Iowa Probate Code.

Unlike states that follow the Uniform Probate Code's "formal" and "informal" labels, Iowa draws its own line between supervised administration and unsupervised administration. Supervised administration requires the personal representative to obtain court approval at each material step, such as selling estate property or making distributions. Unsupervised administration, available when the will authorizes it or all interested parties consent, gives the personal representative more autonomy to act without a hearing at every stage, while still filing a final report with the court.

Beyond full Chapter 633 administration, Iowa layers on two separate simplified tracks for smaller estates, covered in detail below. Which track applies depends on the estate's size, whether real estate is involved, and how it is titled.

Intestate Succession in Iowa: Who Inherits Without a Will

When an Iowan dies without a valid will, Iowa Code §§ 633.211, 633.212, and 633.219 fix who inherits and in what shares, without regard to the decedent's actual wishes or unrecorded promises.

If a surviving spouse exists and either there are no descendants or every descendant is also a descendant of the surviving spouse, § 633.211 gives the spouse essentially the entire estate: all real property the decedent held during the marriage that was not judicially sold or relinquished, all exempt personal property, and all other personal property not needed to pay debts.

The result changes when at least one of the decedent's descendants is not also a descendant of the surviving spouse, for example a child from a prior relationship. In that scenario, § 633.212 instead gives the surviving spouse: one-half in value of the real property the decedent held during the marriage, all exempt personal property, one-half of the remaining personal property not needed for debts, and a top-up drawn from remaining homestead or estate assets, guaranteeing the surviving spouse at least $50,000 even under this reduced share.

If there is no surviving spouse, the estate passes to the decedent's descendants per stirpes under § 633.219(1). If there is no spouse and no descendants, it passes to the decedent's parents equally, with the survivor taking a double share if one parent predeceased the decedent, under § 633.219(2). Absent a spouse, descendants, or parents, the estate splits into two equal halves: one half to the issue of the decedent's mother per stirpes, and one half to the issue of the decedent's father per stirpes, under § 633.219(3). If no heirs exist at that level, the estate passes up to grandparents and their issue by paternal and maternal line under § 633.219(4), then to great-grandparents and their issue under § 633.219(5). If none of those levels produces an heir, the estate passes to the issue of the decedent's deceased spouse per stirpes under § 633.219(6), divided equally between the issue of each deceased spouse if the decedent outlived more than one. Only when no qualifying heir can be found at any of those levels does the estate escheat to the State of Iowa under § 633.219(7).

Iowa is a common-law, separate-property state, not a community-property state. The near-total share a spouse receives under § 633.211 can functionally resemble a community-property outcome for a simple nuclear family, but legally it works through Iowa's own title-based intestate succession statute, not a community-property regime.

One way to make sure your property goes to the people you actually choose, rather than following Iowa's intestate succession order, is to have a valid will in place. recordinglaw.com's free Iowa Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Iowa

Iowa offers two distinct simplified paths below full Chapter 633 administration, and which one applies depends on the estate's value and whether real estate is involved. For thresholds, waiting periods and forms, see our guide to the Iowa small estate affidavit.

The smaller and faster option is the affidavit procedure under Iowa Code § 633.356, sometimes called the "very small estates" affidavit. It is available when the gross value of the decedent's personal property that would otherwise pass by will or intestate succession is $50,000 or less and there is no real property. A 2025 amendment, applied retroactively to deaths on or after January 1, 2025, closed the older alternative that also allowed the affidavit where the real property passed to inheritance-tax-exempt joint tenants with full rights of survivorship; that route now reaches only deaths occurring before January 1, 2025. For any death in 2025 or later, the affidavit requires that there be no real property at all. This is a true no-court-case procedure: the successor signs a sworn affidavit and presents it directly to whoever holds the decedent's assets, such as a bank. It can only be used if no other administration is pending, and Iowa law requires at least 40 days to have elapsed since the date of death before it can be used. If you write the affidavit out yourself, PDFelement is one optional paid tool for turning a word-processor draft into a PDF you can edit, though it does not make the sworn affidavit valid by itself.

The second option, simplified administration under Iowa Code Chapter 635, still opens a court file but with reduced reporting requirements compared to full Chapter 633 administration. It is available for estates with gross probate assets, valued at fair market value without subtracting debts, of $200,000 or less. If the estate exceeds that threshold, it must proceed through full Chapter 633 administration. The $200,000 Chapter 635 cap reflects an increase from a prior $100,000 threshold, with multiple sources placing the effective date at deaths occurring on or after July 1, 2020.

Creditors have a defined window to make claims regardless of which track an estate uses. Under Iowa Code § 633.410, claims are barred unless filed with the clerk of court within the later of four months after the date of second publication of the notice to creditors, or one month after mailed notice to a reasonably ascertainable known claimant. This is a comparatively short standard creditor window; Medicaid and medical-assistance recovery claims get a separate six-month period from their own notice.

Does Iowa Have an Inheritance Tax?

No. Iowa's inheritance tax is fully repealed for any death occurring on or after January 1, 2025. The repeal itself is in Iowa Code § 450.98, and it followed a multi-year phase-out set out separately in Iowa Code § 450.10(7): a 20% rate reduction applied to 2021 deaths, 40% for 2022, 60% for 2023, and 80% for 2024, before the tax dropped to zero and was eliminated entirely for 2025 and later deaths. If you are handling an estate for someone who died in 2025 or 2026, no Iowa inheritance tax is owed, regardless of the size of the estate or the beneficiary's relationship to the decedent.

Iowa has no state estate tax today, but it did once have one on the books. Iowa Code Chapter 451 was titled Iowa Estate Tax, and § 451.2 imposed an amount equal to the federal estate tax credit for state inheritance and estate taxes on the transfer of a decedent's net estate. It was a pickup tax rather than a tax of Iowa's own design: § 451.13 made the chapter operative only as of the date a federal credit for state death taxes applied, so it reached nothing once that federal credit was gone. The legislature repealed the chapter outright in 2014, and the current Iowa Code carries only its masthead and that repeal note. Either way, the practical result for an estate today is the same: no Iowa estate tax and no Iowa inheritance tax. Deaths that occurred in 2024 or earlier remain governed by the phased-in rate that was in effect at the time of death, so older estates still being administered may owe tax at the applicable historical rate, but any 2025 or 2026 death owes nothing under Iowa law. The federal estate tax can still apply separately to the very largest estates, but only above the federal exclusion amount, which is far beyond what most Iowa estates are worth.

Do You Need a Probate Attorney?

Many straightforward Iowa estates, particularly those that qualify for the § 633.356 affidavit or Chapter 635 simplified administration, can be handled without hiring a lawyer. An attorney becomes genuinely worth engaging when a will is likely to be contested, the estate includes a business interest, the family situation is blended in a way that intestate succession under § 633.212 does not cleanly resolve, or the estate is large enough to raise a federal estate tax question. For a contested or complex Iowa estate, get a free case evaluation from a probate attorney on supervised administration and creditor-claim disputes (attorney advertising).

For a broader look at how probate and intestate succession work across the country, see Probate by State.

Disclaimer

This article provides general information about probate and intestate succession law in Iowa as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Iowa, particularly for a contested estate, a business interest, a blended family, or an estate large enough to raise a federal estate tax question. Figures, thresholds, and statutes change; verify current details directly against the Iowa Code or with the Iowa District Court before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.

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Frequently Asked Questions

What court handles probate in Iowa?

The Iowa District Court, sitting in probate, for the county where the decedent lived. Iowa has no separate, free-standing probate court; probate is a docket within the District Court under Iowa Code Chapter 633.

Does Iowa have an inheritance tax in 2026?

No. Iowa's inheritance tax was fully repealed for deaths on or after January 1, 2025, under Iowa Code § 450.98. Iowa also has no state estate tax: its former estate tax, Iowa Code Chapter 451, was a pickup tax pegged to a federal credit and was repealed in 2014.

What is the small estate threshold in Iowa?

Two thresholds apply. For a death on or after January 1, 2025, personal property of $50,000 or less with no real property at all can pass by a no-court affidavit under Iowa Code § 633.356; the joint-tenancy alternative applies only to deaths before that date. Estates up to $200,000 in gross value can use simplified Chapter 635 administration instead of full probate.

How long do you have to wait to use Iowa's small estate affidavit?

At least 40 days must pass after the date of death before the § 633.356 affidavit can be used, and it is only available if no other estate administration is pending.

Who inherits if you die without a will in Iowa?

If a spouse survives and all children are also the spouse's children, the spouse takes essentially the whole estate under Iowa Code § 633.211. If a child is from outside that marriage, the spouse's share drops under § 633.212. With no spouse, descendants inherit per stirpes under § 633.219.

Is Iowa a community property state?

No. Iowa is a common-law, separate-property state. Intestate succession is governed entirely by Iowa Code Chapter 633's statutory shares, not a community-property co-ownership rule.

How long do creditors have to file a claim against an Iowa estate?

Under Iowa Code § 633.410, claims are barred unless filed within the later of four months after the second publication of notice to creditors, or one month after mailed notice to a known claimant.