Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.272 (2026)

Partial intestacy

✓ current as of July 2026
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If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. If the testator left a surviving spouse, and the spouse does not take an elective share, the spouse shall receive, in addition to the property given to the spouse by the will, so much of the intestate property subject to the payment of its proportionate share of debts and charges as the spouse would receive pursuant to section 633.211 or 633.212. [C66, 71, 73, 75, 77, 79, 81, §633.272] 94 Acts, ch 1165, §42; 2007 Acts, ch 134, §12, 28 Referred to in §633.268

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Notes of Decisions
Cited in 3 cases, 1975–2009 · leading case: Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009).
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Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). “§ 633.272 (surviving spouse takes under partial intestacy if elective share not exercised); id.”
Katherine Varnum, Patricia Hyde, Dawn Barbouroske, Jennifer Barbouroske, Jason Morgan, Charles Swaggerty, David Twombley, Lawrence Hoch, William M. Musser, Otter Dreaming, Ingrid Olson, & Reva Evans Vs. Timothy J. Brien, In His Off. Capacities As The Polk Cnty. Recorder & Polk Cnty. Registrar (Iowa 2009). “§ 633.272 (surviving spouse takes under partial intestacy if elective share not exercised); id.”
Fryer v. United States, 399 F. Supp. 564 (S.D. Iowa 1975). · cites it 2× “Where the testator’s spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272, that such devise is in lieu of the intestate share and homestead rights of the surviving spouse.”
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.