Iowa Family Allowance

When someone dies in Iowa, the surviving spouse can ask the District Court for a support allowance covering the twelve months after the death. The court sets a reasonable amount instead of a fixed sum, and pays it as part of the costs of administration. Iowa Code section 633.374 controls this right.

This guide covers that support allowance alone. For what a spouse inherits under Iowa's descent rules, read the Iowa intestate succession guide. For how an estate opens and runs, see the Iowa probate guide, or start at Iowa probate help.

What the Family Allowance Covers

Iowa Code section 633.374 lets the surviving spouse apply to the District Court for support during the twelve months that follow the death. On that application, the court sets off and orders paid to the spouse enough of the decedent's property for the spouse's proper support during the year, and it treats the payment as a cost of administration.

The allowance also reaches dependents of the decedent who live with the surviving spouse. The court adds whatever amount it finds reasonable for their support during the same twelve months. So one application can support the spouse and the dependents in the spouse's household together.

When the estate's own assets fall short, the allowance can draw on property held in a revocable trust the decedent created as settlor, to the extent the estate cannot cover a reasonable amount.

One point helps an older spouse or one who plans to remarry: the allowance does not end if the surviving spouse dies or remarries during the year. Once the court orders the support, it stands.

How Much the Court Awards

Iowa fixes no flat dollar figure for the family allowance. The amount is whatever the District Court decides is reasonable for the spouse's proper support across the twelve months. Do not expect a set number the way some states pay a statutory lump sum.

Section 633.374 tells the court what to weigh:

• the station in life of the surviving spouse
• the assets and condition of the estate and of any revocable trust the decedent settled
• the nonprobate assets the surviving spouse received because of the death, such as life insurance or joint accounts
• the income and other resources the surviving spouse already holds

If the trustee of the decedent's revocable trust already paid the spouse under Iowa Code section 633A.3114, the court reduces the allowance by those payments, so the spouse is not supported twice from the same money.

Because the figure turns on these facts, two Iowa estates of similar size can produce very different allowances. A spouse with little income and few other resources tends to receive more than a spouse who received large nonprobate assets outright.

The Notice and the Four-Month Deadline

The personal representative has to mail the surviving spouse a written notice about the right to request the allowance, under Iowa Code section 633.40. That notice tells the spouse about the twelve-month support right and the deadline to claim it.

From the date the notice is served, the spouse has four months to file an application with the court. Miss that window, and the statute treats the spouse and the household dependents as having waived support during administration. The four-month clock is one of the firmer deadlines in an Iowa estate, so a spouse who wants the allowance should apply early. The Iowa probate timeline tracks the other dates that run alongside it.

A spouse can also give up the allowance on purpose. Section 633.374 lets a qualifying spouse waive the support right, for the spouse and for the dependents living with the spouse, by filing an affidavit that acknowledges the notice and irrevocably waives the claim. Spouses sometimes do this when the estate is small and the waiver keeps more property moving to the children.

Support for Children Who Live Elsewhere

Dependents who live with the surviving spouse are already inside the spouse's allowance above. A separate rule covers the decedent's children who do not live with the surviving spouse.

Iowa Code section 633.376 lets the court order a twelve-month support allowance, on the same terms as the spouse's allowance, for a child of the decedent outside the spouse's household who is:

• under eighteen years old
• between eighteen and twenty-two and still working toward a high school diploma, in career and technical training, or a full-time student at a college, university, or community college, including a child accepted for the next term
• any age and dependent because of a physical or mental disability

The personal representative mails the notice to the child's legal guardian, or to the child or a guardian ad litem, and the same four-month application deadline and waiver rules apply. That reaches a minor child from an earlier relationship, or a disabled adult child, who does not live in the surviving spouse's home. It is also the path a qualifying child uses when there is no surviving spouse to claim under section 633.374.

Where the Allowance Ranks Among Claims

Because the court pays the family allowance as a cost of administration, it sits near the top of Iowa's payment order. Iowa Code section 633.425 sorts what an estate pays first when the assets run short:

1. court costs
2. other costs of administration
3. reasonable funeral and burial expenses
4. debts and taxes with a federal preference
5. medical and hospital costs of the last illness

General creditor claims come last on that list. The family allowance travels with the costs of administration in the second tier, ahead of funeral expenses, last-illness medical bills, and ordinary creditor claims. That order is the point of the allowance: it keeps a household supported before the estate turns to its everyday debts.

Reviewing or Changing the Amount

An allowance the court sets is not locked for good. Under Iowa Code section 633.375, any interested person can petition the court to review it. After notice to everyone involved and a hearing, the court can raise the allowance, lower it, or enter another order it finds proper. So an heir who thinks the amount is too high, or a spouse who finds it too low, has a way to ask the court to look again.

How the Allowance Fits the Spouse's Other Rights

The family allowance is support money for one year. It is separate from what the surviving spouse keeps or inherits. A spouse can take the twelve-month allowance and still receive an inheritance share, plus the exempt personal property Iowa sets off to a spouse. The Iowa intestate succession guide works through the spouse's share when there is no will. Treat the allowance as short-term support during administration, not as the spouse's whole claim on the estate.

Steps to Claim the Family Allowance

1. Confirm the personal representative mailed the section 633.40 notice, and write down the date it was served.
2. File the application with the District Court within four months of that service date.
3. Gather proof of the household's needs: the spouse's income and resources, the estate and any trust assets, and the nonprobate property the spouse already received.
4. Subtract any support the revocable-trust trustee already paid under section 633A.3114.
5. For a qualifying child outside the spouse's home, file a separate application under section 633.376 within the same four-month window.
6. Do not wait past four months. A late application counts as a waiver.

When to Bring in an Iowa Attorney

Many allowance requests are straightforward, but some need a licensed Iowa attorney, especially when:

• the estate looks insolvent and creditors contest the allowance
• a revocable trust has to fund part of the support
• an heir petitions to cut the amount under section 633.375
• a child from another household claims support under section 633.376
• the spouse already received large nonprobate assets that change what is reasonable

This guide organizes the statute and the deadlines so you can ask the right questions. A licensed Iowa attorney can advise on a specific estate, a contested amount, or a signing decision. This is general information about Iowa estates, not advice for your situation.

Sources:

• Title: Iowa Code section 633.374, Allowance to surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.374.pdf
• Title: Iowa Code section 633.375, Review of allowance to surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.375.pdf
• Title: Iowa Code section 633.376, Allowance to children who do not reside with surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.376.pdf
• Title: Iowa Code section 633.425, Classification of debts and charges. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.425.pdf

It is not legal advice.