Iowa Code » Chapter 557 — REAL PROPERTY IN GENERAL
Iowa Code

Iowa Code § 557.2 (2026)

Estate in fee simple

✓ Iowa Code 2026 (laws through the 2025 session)
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The term “heirs” or other technical words of inheritance are not necessary to create and convey an estate in fee simple. [C51, §1200; R60, §2208; C73, §1929; C97, §2913; C24, 27, 31, 35, 39, §10041; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §557.2]

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Notes of Decisions
Cited in 9 cases, 1949–1973 · leading case: Schmidt v. Claus, 93 N.W.2d 592 (Iowa 1958).
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Schmidt v. Claus, 93 N.W.2d 592 (Iowa 1958). · cites it 4× “Section 557.2, Code of Iowa, 1958 I.C.A.; In re Estate of Lewis, 248 Iowa 227, 230 , 80 N.”
In re Est. of Fleck, 154 N.W.2d 865 (Iowa 1967). · cites it 4× “Section 557.2, Code, 1966. In re Estate of Hogan, 259 Iowa 887, 890 , 146 N.”
Henkel v. Auchstetter, 39 N.W.2d 650 (Iowa 1949). · cites it 2× “Section 2913, Code [1897, section 557.2, Code,. 1946: “The term ‘heirs’ or other technical words of inheritance are not necessary to create and convey an estate in fee simple.”
Crecelius v. Smith, 125 N.W.2d 786 (Iowa 1964). · cites it 4× “” Section 557.2 has a bearing on the 1895 deed, since it does not include the word “heirs” in the granting clause.”
Tague v. Tague, 85 N.W.2d 22 (Iowa 1957). · cites it 2× “Her counsel cite section 557.2, Code of Iowa, 1954, which states: “The term ‘heirs’ or other technical words of inheritance are not necessary to create and convey an estate in fee simple.”
Tuecke v. Tuecke, 131 N.W.2d 794 (Iowa 1964). · cites it 2× “T-he use of the words “and their heirs” in conveyances and devises of realty, while no longer needed in *207 Iowa under section 557.2, is still quite common. Tbe testator was first devising an interest in real estate; second, be was devising a right which did not create an…”
In re Est. of Lewis, 80 N.W.2d 347 (Iowa 1957). · cites it 2× “Iowa Code 1954, section 557.2. But the phrase “to have and to hold forever” is too clearly associated with the transfer of fee simple title to permit any suggestion of doubt as to its meaning in instruments of conveyance.”
Turner v. Unknown of a Strip of Land One Hundred Feet in Width, 207 N.W.2d 544 (Iowa 1973). “Code 1973, §§ 557.2, 558.19; Code 1897, §§ 2913, 2958.”
In re Est. of Hogan, 146 N.W.2d 257 (Iowa 1966). “Appellant thinks what would be a fee title in Margaret were it not for the last sentence of Item 5 is thereby reduced to a life estate in her, with power to invade the principal, with remainder to appellant, or to a devise to her of what remains of her father’s estate upon…”
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