Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.242 (2026)

Rights of election personal to surviving spouse

✓ current as of July 2026
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The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse’s death. If the surviving spouse dies prior to filing an election, it shall be conclusively presumed that the surviving spouse does not take such elective share. [C66, 71, 73, 75, 77, 79, 81, §633.242] 2005 Acts, ch 38, §18 Referred to in §633.236, 633.237\n\nTue Dec 09 21:59:21 2025 Iowa Code 2026, Chapter 633 (154, 4) §633.243, PROBATE CODE 56

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Notes of Decisions
Cited in 2 cases, 1975–2012 · leading case: In the Matter of the Est. of Karen J. Myers, Rex A. Picken, 825 N.W.2d 1 (Iowa 2012).
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In the Matter of the Est. of Karen J. Myers, Rex A. Picken, 825 N.W.2d 1 (Iowa 2012). · cites it 4× “Iowa Code § 633.242 (emphasis added). 3 .”
Fryer v. United States, 399 F. Supp. 564 (S.D. Iowa 1975). “See 1963 Code, § 633.242. Since the 1946 Code, the legislature has also amended the statutes as to the time of formal election and method of filing.”
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