Iowa Code

Iowa Code § 633.211 (2026)

Share of surviving spouse if decedent left no issue or left issue all of whom are issue of surviving spouse

✓ current as of July 2026

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If the decedent dies intestate leaving a surviving spouse and leaving no issue or leaving issue all of whom are the issue of the surviving spouse, the surviving spouse shall receive the following share:

1. All the value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right.

2. All personal property that, at the time of death, was, in the hands of the decedent as the head of a family, exempt from execution.

3. All other personal property of the decedent which is not necessary for the payment of debts and charges. [C51, §1329, 1390, 1394, 1421; R60, §2361, 2422, 2477, 2479; C73, §2371, 2436, 2440; C97, §3312, 3362, 3366; C24, 27, 31, 35, 39, §11918, 11986, 11990, 11991; C46, 50, 54, 58, 62, §635.7, 636.1, 636.5, 636.6; C66, 71, 73, 75, 77, 79, 81, §633.211] 85 Acts, ch 19, §1 Referred to in §633.210, 633.218, 633.246, 633.267, 633.272, 633.436, 633A.3106 \n

Notes of Decisions

Cited in 3 cases, 1988–2014 · leading case: In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014).

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In the Matter of the Est. of Glen A. Waterman, Jingles Ti-Okay Waterman, 847 N.W.2d 560 (Iowa 2014). · cites it 3× “” See Iowa Code § 633.211 (1) (2007). In addition, Iowa Code section 561.”

United States v. Schippers, 982 F. Supp. 2d 948 (S.D. Iowa 2013). · cites it 4× “A “statutory dower interest,” codified in Iowa Code § 633.211 , 9 was recently *961 discussed by Iowa courts.”

Bertrand v. Sioux City Grain Exch., 419 N.W.2d 402 (Iowa 1988). “See Iowa Code §§ 633.211 , .219 (1973). The wrongful death statute applicable to this case, although later amended, provided that wrongful death recovery was to be distributed as personal property of the estate.”

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