Can You Leave Your Spouse Out of Your Will in Iowa?

A person can write a will leaving property to children, friends, or a charity. But when that person is married, the will may not be the only source of inheritance rights.

In Iowa, leaving a spouse’s name out of the document does not necessarily mean the spouse receives nothing.

What is an elective share?

Iowa Code section 633.236 gives a surviving spouse of a married person domiciled in Iowa a right to elect a statutory share, subject to the related provisions. An election means the spouse chooses the statutory protection instead of simply accepting the arrangement otherwise provided.

Section 633.238 describes the property included in that calculation. It addresses certain real property, personal property, and property in qualifying revocable trusts. The section also addresses particular relinquishments of rights.

This should not be reduced to saying a spouse automatically receives a third of everything. The property included, debts and charges, ownership history, and any valid waiver can matter. The election also has consequences for other property the spouse would otherwise receive.

Does a trust solve the issue?

Moving assets into a revocable trust does not automatically eliminate the spouse’s rights. Section 633.238 expressly includes qualifying trust property in the elective-share calculation, with conditions and exceptions.

Suppose a person leaves most property in a revocable trust for adult children and little in the probate estate. Looking only at the will would not answer whether the surviving spouse can claim a share. The trust and the governing law would need attention too.

Why does planning ahead matter?

Couples may have legitimate reasons to make different arrangements, particularly when either spouse has children from a previous relationship. They may also have signed a premarital agreement. Whether an agreement is effective requires examining the actual document and the circumstances involved.

A useful planning conversation starts with what each spouse expects, which property is involved, and whether the documents support that understanding. It should happen while both people can explain their wishes.

After a death, the surviving spouse should obtain advice promptly about the election procedure and deadlines. A will can be an important statement of someone’s wishes, but it must be read alongside the rights Iowa law gives the surviving spouse.

Tyler ThompsonAuthor