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Opening an estate is not required for every deceased person, but it may be necessary to transfer property, pay debts, and obtain tax clearances. Estate and probate matters can be complicated. You should talk to an attorney.
Next of Kin Hierarchy Determination of legal next of kin uses the following order (if a person does not exist, is deceased, or is unable to be found, the next in line becomes next of kin): Spouse. Adult children. Parents.
Determination of legal next of kin uses the following order (if a person does not exist, is deceased, or is unable to be found, the next in line becomes next of kin): Spouse. Adult children. Parents.
The Iowa Code then determines the distribution of assets. If you don't have a will when you die a surviving spouse may not receive all of your assets. This depends on (1) if you had children and (2) if all of your children were also your surviving spouse's children.
If you die without a will and without a surviving spouse, your children will inherit your entire estate -- the heirs of any child that died before you in such event will inherit your deceased child's share. Where no spouse, children, or heirs of children survive you, your net estate goes to your living parents.
Spouses in Iowa Inheritance Law If you die intestate in Iowa, which is not a community property state, and have a surviving spouse, your spouse's inheritance depends on whether or not you have living descendants from another relationship. If you have no descendants, your spouse will inherit everything.
§ 633.356(1), forty (40) days must pass between the date of death and the use of a small estate affidavit. Maximum ? $50,000. I.C.A. § 633.356(1) defines a very small estate as having a gross value of $50,000 or less, and it must not contain any real property.