Iowa Code

Iowa Code § 561.18 (2026)

Descent

✓ current as of July 2026

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If there be no survivor, the homestead descends to the issue of either spouse according to the rules of descent, unless otherwise directed by will. [C51, §1264; R60, §2296; C73, §2008; C97, §2985; C24, 27, 31, 35, 39, §10152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §561.18]

Notes of Decisions

Cited in 4 cases, 1946–1974 · leading case: McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947).

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McMinimee v. McMinimee, 30 N.W.2d 104 (Iowa 1947). · cites it 4× “1 provides thqt the house used as a home by the owner may become the homestead and which, if there be no survivor, descends upon the death of the owner to his or her issue, according to the rules of descent, section 561.18. Section 561.12 provides that the survivor may elect to…”

In Re Est. of Ragan, 23 N.W.2d 521 (Iowa 1946). · cites it 2× “Section 561.18, Code, 1946 [section 10152, Code of 1939], provides if there be no survivor, the homestead descends to the issue of either husband or wife, and section 561.”

In Re Est. of Sueppel, 124 N.W.2d 154 (Iowa 1963). “The cited sections and case deal with a situation where there is no surviving spouse, and debts from which exemption was claimed in the cited case were those of the issue, not the decedent, as is the instant situation.”

In re the Est. of Williams, 216 N.W.2d 568 (Iowa 1974). “§ 561.18. Where the homestead descends to the issue of either husband or wife the same shall be held by such issue exempt from any antecedent debts of their parents or their own, except those of the owner thereof contracted prior to its acquisition.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.