What rights do I have as a surviving spouse when my spouse died without a will?

Short answer: As a surviving spouse in Iowa who lost a spouse without a will (intestate), you have statutory rights to inherit the decedent’s property under Iowa’s intestacy rules, to participate in probate, to seek appointment as the estate’s personal representative, and to ask the probate court for temporary and ongoing support from the estate (for example, a family allowance, exempt property, and homestead protections). If the decedent’s family is excluding you from decisions, you generally still have legal avenues to protect your rights through the probate court.

Detailed answer — how Iowa law treats surviving spouses when there is no will

This section explains the most important rights and steps for surviving spouses under Iowa law. It assumes the decedent did not leave a valid will (intestate). For the governing statutes and administrative rules, see Iowa Code chapter 633 (Wills, Administration and Distribution): https://www.legis.iowa.gov/docs/code/633.

1. Right to inherit under the intestacy rules

If someone dies without a valid will, Iowa’s intestate succession rules determine who inherits. As the surviving spouse you are a primary beneficiary under those rules. The exact share you receive depends on whether the decedent left children (and whether those children are also your children), parents, or other relatives. The probate court applies the statutory distribution rules in chapter 633 to divide the estate.

2. Right to notice and participation in probate

When an estate goes to probate, the court must give notice to interested persons, which includes the surviving spouse. You have the right to:

Receive formal notice of probate filings and hearings;
File objections or contests to petitions (for example, to the appointment of a personal representative if you believe someone unsuitable is seeking appointment);
Request copies of estate inventories, accountings, and other filings through the clerk of court.

3. Right to seek appointment as personal representative

You may petition the probate court to be appointed the personal representative (sometimes called executor or administrator) of the estate. Being the personal representative gives you authority to collect assets, pay debts, and distribute property according to law. If another family member is trying to control the estate without a court appointment, you can ask the court to appoint you or to remove someone who is acting improperly.

4. Short-term financial protections: family allowance, exempt property, and homestead

Iowa law provides mechanisms to protect a surviving spouse’s immediate needs while the estate is administered. Typical protections include:

Family allowance: a temporary allowance from estate assets for the surviving spouse’s support during administration;
Exempt property: certain household items and personal property set aside for the surviving spouse and minor children;
Homestead rights: in many situations the surviving spouse may remain in the family home during administration and may receive a claim against the estate related to the homestead.

These protections are administered by the probate court. The statutes and procedures are in Iowa’s probate code; see chapter 633 for details: https://www.legis.iowa.gov/docs/code/633.

5. Possession of the decedent’s personal property and the home

Family members do not have the unilateral right to exclude you from the home or personal belongings simply because they assert a family tie. If they attempt to remove you, change locks, or move property without authority, you can ask the probate court for temporary orders to preserve the estate and protect your access to the home and possessions while the estate is sorted out.

6. What to do if family members are cutting you out of decisions

If the decedent’s family is attempting to make decisions without you—such as controlling access to the home, distributing property, or starting probate proceedings without giving you notice—you have these options:

Contact the probate clerk in the county where the decedent lived to learn whether a probate case has been opened and to get copies of filed documents;
File a petition for appointment as personal representative (administrator) if no one appropriate has been appointed;
File a motion with the court for temporary relief to prevent removal of property, to preserve the estate, or to require notice to you;
If someone is taking property unlawfully, consider filing a petition for recovery of personal property or seeking an emergency hearing.

7. Practical evidence and paperwork you should gather

To protect your legal rights and to prepare for filings, gather:

Marriage certificate;
Death certificate for the decedent;
Any documents showing ownership of the home, vehicle titles, bank statements, retirement account beneficiary designations, life insurance policies, and deeds;
Records of communications with family members about property or funeral arrangements;
Any jointly titled accounts or property documents that show ownership interests.

8. Timeline and typical steps in an intestate probate

Although every case is different, common steps include:

Filing a petition for administration with the probate court;
Appointment of a personal representative (often the surviving spouse if appropriate);
Inventory and appraisal of estate assets;
Notifying creditors and paying valid debts and taxes;
Requesting family allowance and exempt property if needed;
Distribution of remaining assets under Iowa’s intestacy rules.

Helpful legal and practical hints

Act quickly to confirm whether probate has been opened and who is the personal representative. That determines who legally controls the estate.
Do not rely on family members’ verbal assurances. Ask for written documentation of any transfers or decisions.
Ask the probate clerk for guidance about forms and local procedures. Many counties publish instructions for initiating probate.
If family members threaten to change locks, remove property, or interfere with your access to the home, seek immediate court intervention—temporary injunctive relief or emergency probate motions are available.
Even if you intend to administer the estate yourself, consider consulting an attorney for the initial filing and to protect your statutory rights—probate law has strict notice and filing rules.
Keep detailed records: dates, conversations, who moved what property. That documentation can be important in court.
If the estate is small, alternative simplified procedures may exist (small estate affidavit or simplified administration). Ask the probate clerk or an attorney whether you qualify.

Resources

Iowa Code — Chapter 633 (Wills, Administration and Distribution): https://www.legis.iowa.gov/docs/code/633
Iowa Judicial Branch (public information about probate and court forms): https://www.iowacourts.gov/for-the-public/representing-yourself/
County probate clerk’s office — contact the clerk where the decedent lived to check for filings and learn local filing procedures.

When to talk to an attorney

Consult an Iowa probate attorney promptly if:

Your spouse’s family is denying you access to the home or to estate information;
You want to be appointed personal representative and anticipate opposition;
There are complex assets (business interests, out-of-state property, large retirement accounts), or potential creditor/liability issues;
There is a dispute over the identity of heirs, or suspected fraud or improper transfers.

Disclaimer: This article explains general principles of Iowa law and is for informational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent changes in the law. For advice about your specific situation, contact a qualified Iowa attorney.