Elective Share in Iowa
State-specific overview · Estate & Probate
Iowa's elective share is one-third of the estate if children survive, or one-half if no children survive.
How Iowa treats Elective Share
Iowa provides a surviving spouse with an elective share that mirrors the intestacy succession rules and adjusts based on whether the deceased left surviving children. The spouse may claim one-third of the net estate if children or descendants exist, or one-half if none survive. This right exists independently of the will's terms and protects the surviving spouse's marital interest in the estate. Iowa requires the spouse to make the election within a reasonable time after learning of the will's contents.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Iowa.