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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.
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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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