Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.236 (2026)

Right of elective share of surviving spouse

✓ current as of July 2026
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When a married person domiciled in Iowa at the time of death dies, the surviving spouse shall have the right to take an elective share under the provisions of sections 633.237 through 633.246. If the surviving spouse has a conservator, the court may authorize or direct the conservator to elect the share as the court deems appropriate under the circumstances. [C51, §1407; R60, §2435; C73, §2452; C97, §3376; S13, §3376; C24, 27, 31, 35, 39, §12006, 12010; C46, 50, 54, 58, 62, §636.21, 636.25; C66, 71, 73, 75, 77, 79, 81, §633.236] 88 Acts, ch 1064, §1; 2005 Acts, ch 38, §12 Referred to in §633.237, 633.245, 633.246, 633.247, 633.264 Effect on medical assistance eligibility, see §249A.3(11) and 633.246A

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Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1974–2025 · leading case: Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher & Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Est. of Susan Michelle Thatcher, 864 N.W.2d 533 (Iowa 2015).
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Amended July 31, 2015 In RE the Marriage of Susan Michelle Thatcher & Ronald Dean Thatcher Upon the Petition of Susan Michelle Thatcher, Anna Carson as for the Est. of Susan Michelle Thatcher, 864 N.W.2d 533 (Iowa 2015). · cites it 2× “§ 633.236 (establishing right to elective share for surviving spouse).”
Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). “§ 633.236 (surviving spouse has right to elective share); id.”
Matter of Est. of Spurgeon, 572 N.W.2d 595 (Iowa 1998). · cites it 6× “Issues on Appeal Grace argues that under Iowa Code section 633.236 (1995), she had a right to elect to take against the will.”
In the Matter of the Est. of Karen J. Myers, Rex A. Picken, 825 N.W.2d 1 (Iowa 2012). · cites it 2× “A surviving spouse’s claim against the estate for an elective share under Iowa Code section 633.236 is tried in equity. Section 633.”
In the Matter of the Est. of Joseph C. Gantner III, Rachel Gantner, 893 N.W.2d 896 (Iowa 2017). · cites it 2× “See Iowa Code §§ 633.236 , .374 (2016). In her application for spousal support, Rachel sought a $4000 per month allowance based on her station in life and living arrangements during the marriage.”
Matter of Est. of Keegan, 369 N.W.2d 447 (Iowa 1985). · cites it 4× “Section 633.236: When a married person dies testate as to any part of his estate, the surviving spouse shall have the right to elect to take against the will under the provisions of sections 633.”
In Re Est. of Carlisle, 653 N.W.2d 368 (Iowa 2002). · cites it 4× “The district court ruled that, following entry of a separate-maintenance decree, Dorthy was not a "surviving spouse" and therefore she (1) could not elect against Francis's will, Iowa Code § 633.236 ; (2) could not elect to occupy the homestead as a surviving spouse, Iowa Code §…”
Parker v. Comm'r, 62 T.C. 192 (Tax Ct. 1974). · cites it 2× “Under the controlling Iowa law, petitioner could elect, as decedent's widow, to take against the will or under the will.”
Matter of Est. of Epstein, 561 N.W.2d 82 (Iowa Ct. App. 1996). · cites it 2× “Iowa Code sections 633.236 through 633.246 provide the mechanism for a surviving spouse to elect to either take or not take under the will.”
Gunsaulis v. Tingler, 218 N.W.2d 575 (Iowa 1974). “§§ 633.236, 633.238, 633.240. Moreover, apart from prenuptial contracts, during the lives of the spouses each spouse has an inchoate right in the other spouse’s real property which can be terminated only by judicial sale or voluntary relinquishment.”
Brenton Bank, N.A. v. Thompson, 512 N.W.2d 560 (Iowa 1994). · cites it 2× “See Iowa Code § 633.236 (1987). Stewart Lund, now deceased, initially represented Ole.”
In the Matter of the Est. of Eleanor Heemstra, Rodney Heemstra, Deanna James, & Marcie Wilkinson (Iowa Ct. App. 2017). · cites it 2× “See Iowa Code § 633.236 (1995). A surviving spouse who elects to take the statutory distributive share receives one- 2 Even if the trial court failed to rule on the appellants’ motions, it was incumbent on the appellants to ask for a ruling in a motion under Iowa Rule of Civil…”
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