Iowa Code

Iowa Code § 633.219 (2026)

Share of others than surviving spouse

✓ current as of July 2026

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The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows: 1. To the issue of the decedent per stirpes.

2. If there is no surviving issue, to the parents of the decedent equally; and if either parent is dead, the portion that would have gone to such deceased parent shall go to the survivor.

3. If there is no person to take under either subsection 1 or 2 of this section, the estate shall be divided and set aside into two equal shares. One share shall be distributed to the issue of the decedent’s mother per stirpes and one share shall be distributed to the issue of the decedent’s father per stirpes. If there are no surviving issue of one deceased parent, the entire estate passes to the issue of the other deceased parent in accordance with this subsection.

4. If there is no person to take under subsection 1, 2, or 3 of this section, and the decedent is survived by one or more grandparents or issue of grandparents, half the estate passes to the paternal grandparents, if both survive, or to the surviving paternal grandparent if only one survives. If neither paternal grandparent survives, this half share shall be further divided into two equal subshares. One subshare shall be distributed to the issue of the decedent’s paternal grandmother per stirpes and one subshare shall be distributed to the issue of the decedent’s paternal grandfather per stirpes. If there are no surviving issue of one deceased paternal grandparent, the entire half share passes to the issue of the other deceased paternal grandparent and their issue in the same manner. The other half of the decedent’s estate passes to the maternal grandparents and their issue in the same manner. If there are no surviving grandparents or issue of grandparents on either the paternal or maternal side, the\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.219, PROBATE CODE 48\n\nentire estate passes to the decedent’s surviving grandparents or their issue on the other side in accordance with this subsection.

5. If there is no person to take under subsection 1, 2, 3, or 4 of this section, and the decedent is survived by one or more great-grandparents or issue of great-grandparents, the estate passes equally to each set of great-grandparents, or to their issue, if any survive, per stirpes.

6. If there is no person to take under subsection 1, 2, 3, 4, or 5 of this section, the portion uninherited shall go to the issue of the deceased spouse of the intestate, per stirpes. If the intestate has had more than one spouse who died in lawful wedlock, it shall be equally divided between the issue, per stirpes, of those deceased spouses.

7. If there is no person who qualifies under either subsection 1, 2, 3, 4, 5, or 6 of this section, the intestate property shall escheat to the state of Iowa. [C51, §1408 – 1411, 1413, 1414; R60, §2436, 2437, 2439, 2440, 2495 – 2497; C73, §2453 – 2458, 2460; C97, §3378 – 3382, 3387; S13, §3379, 3381-a, -b, -c; C24, 27, 31, 35, 39, §12016, 12017, 12024 – 12028, 12035; C46, 50, 54, 58, 62, §636.31, 636.32, 636.39 – 636.43, 636.50; C66, 71, 73, 75, 77, 79, 81, §633.219] 93 Acts, ch 111, §2; 95 Acts, ch 63, §4; 2000 Acts, ch 1012, §1 Referred to in §633.210, 633.267, 633.304, 633.305, 633A.3106, 633A.3110 \n

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1967–2021 · leading case: Melissa Stender v. Anthony Zane Blessum, 897 N.W.2d 491 (Iowa 2017).

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Melissa Stender v. Anthony Zane Blessum, 897 N.W.2d 491 (Iowa 2017). · cites it 4× “Over the next two weeks, Blessum and Stender continued to meet and talk about intimate 2See Iowa Code § 633.219 (1) (2011). 6 topics such as Stender’s childhood trauma and her marital and sexual abuse.”

Est. of Beck v. Engene, 557 N.W.2d 270 (Iowa 1996). · cites it 12× “304 and added the following amendment: As used in this section, “heir ” means only such person as would, in an intestate estate, be entitled to a share under subsection 1, 2, or 3 of section 633.219. 1993 Iowa Acts eh. Ill, § 3 (codified at Iowa Code § 633.”

Elliott v. Hiddleson, 303 N.W.2d 140 (Iowa 1981). “31, The Code 1946; §§ 633.219, .223, The Code 1979. The adopted child would also inherit from an intestate stranger to the adoption.”

Matter of Est. of Bliven, 236 N.W.2d 366 (Iowa 1975). “In short, such disclaimed portion would pass in the manner provided by § 633.219. In no event, however, could the charities thereby benefit.”

In Re Est. of Malli, 149 N.W.2d 155 (Iowa 1967). · cites it 2× “Under the record then before the court and the provisions of section 633.219(2), Code of Iowa, applicants would be entitled to prevail.”

In Re Est. of Johnson, 213 N.W.2d 536 (Iowa 1973). “-212 and § 633.219, The Code. The surviving spouse adroitly and forcefully argues a proper construction of several related statutes sustains the district court decision.”

Sanderson v. Est. of Kisner, 477 N.W.2d 96 (Iowa 1991). · cites it 2× “Iowa Code § 633.219 . Every personal representative shall take possession of all the personal property of a decedent, except the property exempt to the surviving spouse.”

Matter of Est. of Grulke, 546 N.W.2d 626 (Iowa Ct. App. 1996). · cites it 2× “See Iowa Code § 633.219 (1). As a result, Keith Grulke would have taken the worthier title by descent, rather than under the will.”

Est. of Pazzi v. Taylor, 342 N.W.2d 481 (Iowa 1984). · cites it 2× “On appeal Robert urges that in intestate estates, in the absence of a surviving spouse, surviving children take the estate under Iowa Code section 633.219(1) (1981). He contends that the definition of “child” in Iowa Code section 633.”

Melissa Stender v. Anthony Zane Blessum (Iowa 2017). · cites it 2× “Over the next two weeks, Blessum and Stender continued to meet and talk about intimate 2See Iowa Code § 633.219 (1) (2011). 6 topics such as Stender’s childhood trauma and her marital and sexual abuse.”

Amended September 5, 2017 Melissa Stender v. Anthony Zane Blessum (Iowa 2017). · cites it 2× “Over the next two weeks, Blessum and Stender continued to meet and talk about intimate 2See Iowa Code § 633.219 (1) (2011). 6 topics such as Stender’s childhood trauma and her marital and sexual abuse.”

In the Matter of the Guardianship & Conservatoship of Vernon D. Radda (Iowa 2021). · cites it 2× “Iowa Code § 633.219 (3). She therefore asserts that she is an “interested party” under the Probate Code with standing to bring this declaratory judgment action under Iowa Code section 633.”

— Iowa Code § 633.219(1) — 1 case

Est. of Pazzi v. Taylor, 342 N.W.2d 481 (Iowa 1984). “On appeal Robert urges that in intestate estates, in the absence of a surviving spouse, surviving children take the estate under Iowa Code section 633.219(1) (1981). He contends that the definition of “child” in Iowa Code section 633.”

— Iowa Code § 633.219(2) — 1 case

In Re Est. of Malli, 149 N.W.2d 155 (Iowa 1967). “Under the record then before the court and the provisions of section 633.219(2), Code of Iowa, applicants would be entitled to prevail.”

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