Common Iowa Probate Mistakes to Avoid

Iowa is a separate-property state

Iowa is not a community property state, so a surviving spouse does not automatically own half of the couple's property. The spouse's protection comes from the intestate share and the elective share (Iowa Code 633.212 and 633.238).

Probate court costs are 0.2% of the probate assets

The Clerk of the District Court collects court costs of two-tenths of one percent (0.2%) of the value of the probate assets listed in the report and inventory (Iowa Code 633.31), not on nonprobate assets and not as a tax.

Calendar the creditor claim deadline

Claims are barred unless filed within the later of four months after the second publication of the notice to creditors, or one month after mailed notice to a known creditor (Iowa Code 633.410). The clock runs from publication, not the date of death.

A handwritten will is not enough

Iowa does not recognize holographic (unwitnessed handwritten) wills; a valid will must be signed by two competent witnesses under Iowa Code 633.279.

Iowa has no transfer-on-death deed for real estate

Iowa does not authorize a transfer-on-death deed for real property. Do not rely on a TOD deed to pass an Iowa house; real estate passes by will, by intestacy, or by survivorship.

There is no Iowa estate or inheritance tax on recent deaths

Iowa has no state estate tax, and the Iowa inheritance tax is repealed for deaths on or after January 1, 2025 (Iowa Code 450.98). The 0.2% probate court cost is a court cost, not a tax.