633.211 Share of surviving spouse if decedent
left no issue or left issue all of whom are issue of surviving spouse.
If the decedent dies intestate leaving a surviving spouse and leaving no issue
or leaving issue all of whom are the issue of the surviving spouse, the
surviving spouse shall receive the following share:
1. All the value of all the legal or equitable
estates in real property possessed by the decedent at any time during the
marriage, which have not been sold on execution or by other judicial sale, and
to which the surviving spouse has made no relinquishment of right.
2. All personal property that, at the time of death, was, in the hands of the
decedent as the head of a family, exempt from execution.
3. All other personal property of the decedent which is not necessary for the
payment of debts and charges.
633.212 Share of surviving spouse if decedent left issue some of whom are not
issue of surviving spouse.
If the decedent dies intestate leaving a surviving spouse and leaving issue some
of whom are not the issue of the surviving spouse, the surviving spouse shall
receive the following share:
1. One–half in value of all the legal or equitable estates in real property
possessed by the decedent at any time during the marriage, which have not been
sold on execution or by other judicial sale, and to which the surviving spouse
has made no relinquishment of right.
2. All personal property that, at the time of death, was in the hands of the
decedent as the head of a family, exempt from execution.
3. One–half of all other personal property of the decedent which is not
necessary for the payment of debts and charges.
4. If the property received by the surviving spouse under subsections 1, 2 and 3
of this section is not equal in value to the sum of fifty thousand dollars, then
so much additional of any remaining homestead interest and of the remaining real
and personal property of the decedent that is subject to payment of debts and
charges against the decedent's estate, after payment of the debts and charges,
even to the extent of the whole of the net estate, as necessary to make the
amount of fifty thousand dollars.
633.219 Share of others than surviving spouse.
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 entire 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.
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