Iowa Surviving Spouse Rights

Iowa law protects a surviving spouse from being cut out of a deceased spouse's estate. Even when a will leaves the spouse little or nothing, the survivor can reject the will and claim a statutory elective share, take exempt personal property, apply for a twelve-month support allowance, and elect a life estate in the homestead. These rights exist apart from what the will says, and each carries its own Iowa statute and deadline.

This guide is the umbrella for those spousal protections. It leads with the elective share, then points you to the pages that own each piece in depth. For the twelve-month support payment, read the Iowa family allowance guide. For what a spouse inherits with no will, see the Iowa intestate succession guide. To see how an estate opens and runs, start at the Iowa probate guide or Iowa probate help.

Overview of Spousal Rights

Iowa gives a surviving spouse four distinct protections, each with its own statute:

1. Elective share - one-third of the real property, all exempt personal property, one-third of other personal property, and one-third of certain revocable-trust property, taken in place of the will or intestacy (Iowa Code 633.238).
2. Exempt personal property - property that was exempt from execution in the decedent's hands stays exempt in the spouse's hands (Iowa Code 633.332).
3. Support allowance - a court-set amount for the twelve months after death (Iowa Code 633.374).
4. Homestead life estate - a life estate in the family home, taken in place of the spouse's share in the decedent's real property (Iowa Code 633.240).

A fifth right, the intestate share, sets what the spouse takes when there is no valid will (Iowa Code 633.211 and 633.212).

Two of these work differently from many other states. Iowa sets no fixed-dollar homestead allowance or exempt-property allowance. And the exempt personal property folds into the elective share and the intestate share rather than paying out as a separate bonus. Iowa also has no separate probate court. Estate administration runs through the District Court and the Clerk of the District Court in the county where the person lived.

The Elective Share

Iowa does not force a spouse to accept whatever a will leaves. Instead, the surviving spouse can reject the will and take a statutory elective share under Iowa Code 633.238. The election exists so a spouse cannot be disinherited by a will, by intestacy, or by a revocable trust.

The elective share is a fixed package of four parts:

• One-third in value of the real property the decedent held at any time during the marriage, as long as it was not sold at a judicial sale and the spouse never signed away the right to it.
• All exempt personal property that was in the decedent's hands as head of the family and exempt from execution.
• One-third of the other personal property left after the estate's debts and charges are paid.
• One-third of the property in a revocable trust the decedent could still alter, amend, or revoke at death.

That last part matters. Many people move assets into a revocable living trust to keep them out of probate. Iowa reaches into that trust for the elective share, so a spouse cannot be sidelined by shifting property into a revocable arrangement (Iowa Code 633.238(1)(d)). A spouse can give up the trust portion only through a signed, notarized waiver that meets the format the statute lays out.

What the Election Replaces

The elective share is taken in lieu of anything the spouse would receive under the will, through intestacy, or under a revocable trust (Iowa Code 633.238(3)). It is a choice, not a stack. A spouse who elects gives up the will's gift and takes the statutory package instead. So the decision comes down to math: compare what the will or intestacy provides against the one-third package, then take the larger result.

The Homestead Life Estate

A surviving spouse can also elect a life estate in the homestead under Iowa Code 633.240. This election is taken in place of the spouse's one-third or one-half share in the decedent's real property, not on top of it. A life estate lets the spouse live in and use the home for life, with the property passing to the remainder heirs at the spouse's death.

The homestead election is open two ways. In an estate where the spouse has filed an elective-share election, the spouse can swap the real-property share for the homestead life estate. And in any intestate estate, the spouse can elect the homestead life estate whether or not any other election is filed. Choosing the homestead does not cost the spouse the personal-property parts of the elective share, so the spouse still takes the exempt personal property and the one-third shares of other personal property and revocable-trust property (Iowa Code 633.238(1)(b), (c), and (d)). The election has to be made and recorded, and skipping it waives the life-estate right.

Exempt Personal Property

Some property a family relies on stays with the surviving spouse. Under Iowa Code 633.332, any personal property that would have been exempt from execution in the decedent's hands as head of the family, and that is set aside or left to the surviving spouse, stays exempt in the spouse's hands. Think household furnishings and similar items a creditor could not have seized during life.

This exempt property is not a separate allowance stacked on top. It is a listed part of the intestate share (Iowa Code 633.211 and 633.212) and of the elective share (Iowa Code 633.238), so the spouse receives it under either path. Iowa attaches no flat dollar cap to it the way some states cap an exempt-property allowance. The Iowa exempt property guide lists which items qualify and how they are set off to the spouse.

The Twelve-Month Support Allowance

Apart from anything the spouse inherits, the surviving spouse can apply for a support allowance covering the twelve months after the death under Iowa Code 633.374. The court sets a reasonable amount rather than a fixed sum, and it pays the allowance as a cost of administration, ahead of ordinary creditor claims. This is the one right that plainly stacks on top of the spouse's inheritance.

The allowance also covers dependents of the decedent who live with the spouse, and it does not end if the spouse dies or remarries during the year. The application is due within four months after the personal representative serves the required notice. Our Iowa family allowance guide works through who qualifies, how the court sets the figure, and how to apply. This page covers only how the allowance sits alongside the other spousal rights.

The Intestate Share

When the decedent left no valid will, the spouse's share turns on one fact: whether the decedent left descendants who are not also the spouse's children.

Under Iowa Code 633.211, a spouse with no stepchildren in the picture takes everything. Under Iowa Code 633.212, when the decedent leaves a child from another relationship, the spouse takes one-half of the real property, all exempt personal property, and one-half of the other personal property. If that combined share comes to less than $50,000, the spouse draws enough more from the estate to reach $50,000, even if that takes the whole net estate. The Iowa intestate succession guide maps the full order of heirs.

How the Rights Fit Together

A short example shows how these pieces interact. Say a will leaves the surviving spouse $5,000, the couple has a child from the decedent's prior marriage, and the estate holds a paid-off home plus household furnishings.

• Elective share versus the will. The $5,000 gift is small, so the spouse can reject the will and elect the one-third package under Iowa Code 633.238: one-third of the real property, all the exempt furnishings, and one-third of the other personal property. If that is worth more than $5,000, electing wins.
• Homestead life estate. In place of the one-third real-property share, the spouse can instead elect a life estate in the home under Iowa Code 633.240 and keep living there, while still taking the personal-property parts of the elective share.
• Support allowance on top. Either way, the spouse can apply for the twelve-month support allowance under Iowa Code 633.374. That allowance is separate support money, paid as a cost of administration, and it does not reduce the elective share.

Put the pieces together and the pattern is plain. The elective share and the homestead life estate are choices measured against the will or intestacy, the exempt personal property rides inside whichever share the spouse takes, and the support allowance is the one payment that sits on top. A spouse facing a contested or tangled estate should weigh all of them together.

Waiver and Forfeiture

A surviving spouse's rights are strong, but not absolute.

Waiver by agreement. A spouse can give up these rights in a valid premarital or marital agreement, or through the notarized trust-waiver form Iowa Code 633.238 spells out for revocable-trust property. A waiver has to be in writing and voluntary. Confirm the requirements for a valid waiver with an Iowa attorney before relying on one.

Divorce. A final divorce ends the marriage, so a former spouse is not a surviving spouse and has no elective share or allowance.

The slayer rule. A spouse who intentionally and unjustifiably causes the decedent's death is treated as having died first under Iowa Code 633.535 and cannot take from the estate.

Deadlines

The elective share runs on a firm clock. After a personal representative is appointed, the representative serves the spouse a written notice of the right to elect. From the date that notice is served, the spouse has four months to file the election in writing with the clerk of court under Iowa Code 633.237. Miss that window and the spouse is conclusively presumed to take under the will, the intestate share, or the revocable trust. The trustee of a revocable trust serves a parallel notice with the same four-month deadline. A court can extend the period only if the spouse asks before the four months run out, so the four-month deadline is worth tracking from the day the notice is served.

The twelve-month support allowance carries its own four-month application deadline from the date the representative's notice is served (Iowa Code 633.374). A late application counts as a waiver of support during administration.

Frequently Asked Questions

Can I be disinherited by my spouse in Iowa?

Not fully. Even if the will leaves you nothing, you can reject it and take the elective share under Iowa Code 633.238: one-third of the real property, all exempt personal property, one-third of other personal property, and one-third of qualifying revocable-trust property. You can also apply for the twelve-month support allowance.

How much is the elective share in Iowa?

It is one-third in value of the real property the decedent held during the marriage, all exempt personal property, one-third of the remaining personal property after debts, and one-third of property in a revocable trust the decedent could revoke. You take it in place of the will or intestacy, not on top of it.

How long do I have to claim the elective share in Iowa?

Four months. The clock starts when the personal representative or the trustee of a revocable trust serves the written notice, and you file the election with the clerk of court. If you miss it, you are presumed to take under the will, intestacy, or trust unless the court extended the deadline before it passed (Iowa Code 633.237).

Does the support allowance reduce what I inherit?

No. The twelve-month support allowance under Iowa Code 633.374 is paid as a cost of administration and is separate from your inheritance or elective share. The homestead life estate, by contrast, replaces your share in the decedent's real property rather than adding to it.

Practical Steps for a Surviving Spouse

These rights only help if you claim them on time and with the right paperwork. A few steps keep your options open:

1. Ask for the estate filings. Request the will, the inventory, and the report so you can see what the estate holds and what any revocable trust holds.
2. Watch for the notice. The four-month clock on both the elective share and the support allowance starts when the personal representative serves your written notice, so write down the service date.
3. Compare your options. Weigh what the will or intestacy gives you against the one-third elective-share package, and check whether a homestead life estate serves you better than the real-property share.
4. List the exempt property. Identify the household furnishings and other items that were exempt from execution, since they pass to you inside either share.
5. Apply for support early. File the twelve-month support-allowance application well inside the four-month window.
6. Record the homestead election. If you want the life estate, make and record the election, because skipping it waives the right.

When to Bring in an Iowa Attorney

Many spousal claims are straightforward, but some need a licensed Iowa attorney, above all when:

• the estate holds a revocable trust that the elective share reaches
• the will or a prior agreement tries to waive your rights
• the estate looks insolvent and creditors contest the support allowance
• a child from another relationship shares the estate under Iowa Code 633.212
• you are weighing the homestead life estate against a one-third real-property share

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

Related Guides

• Iowa Family Allowance
• Iowa Exempt Property
• Iowa Intestate Succession
• Iowa Executor Duties
• Iowa Probate Guide
• How to Avoid Probate in Iowa
• Iowa Creditor Claims

Sources:

• Title: Iowa Code section 633.238, Elective share of surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.238.pdf
• Title: Iowa Code section 633.237, Presumption against filing elective share. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.237.pdf
• Title: Iowa Code section 633.240, Election to receive homestead. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.240.pdf
• Title: Iowa Code section 633.332, Exempt personal property. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.332.pdf
• 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 633.211, Share of surviving spouse if decedent left no issue or issue all of surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.211.pdf
• Title: Iowa Code section 633.212, Share of surviving spouse if decedent left issue some of whom are not issue of surviving spouse. Publisher: Iowa Legislature. Publication Date: 2026. URL: https://www.legis.iowa.gov/docs/code/633.212.pdf

It is not legal advice.