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Is Probate Required in Iowa? Most inheritance cases in Iowa will require probate. However, there are a few exceptions, such as having an estate with a value of less than $25,000 that only includes personal property.
490.1505 Activities not constituting doing business.
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.
331.754 Absence or disqualification of county attorney and assistants.
The most comprehensive strategy to avoid probate is a revocable living trust (RLT). An RLT is essentially a substitute for a will. At your death the property in your RLT passes to your beneficiaries just as it would under a will. However, with a RLT, there is no need to probate your estate.
Iowa law provides that a surviving spouse is entitled to receive a minimum amount of the estate known as the "elective share." Essentially, the surviving spouse is entitled to one-third the value of certain property owned by the deceased spouse, which may include personal property, real estate, financial instruments, ...
If your estate does not exceed a certain value (currently $25,000.00) and consists solely of personal property, a probate proceeding may not be required and the estate can be transferred with an affidavit.
490.1106 Articles of merger or share exchange.