A recent fatal shooting in downtown Des Moines, reported by KCCI, is a stark reminder that death does not wait for anyone to get their affairs in order. When a life ends suddenly, the legal and financial consequences fall immediately on the people left behind.
No one plans to die young. But families across Iowa face the fallout of unexpected deaths every year, and those without a valid will in place often find themselves dealing with a probate process that is more expensive, more time-consuming, and more emotionally draining than it needs to be.
What Happens When Someone Dies Without a Will in Iowa
Under Iowa law, a person who dies without a will is said to have died “intestate.” That means the state decides how their property is distributed, not the deceased person and not their family.
Iowa’s intestate succession rules are laid out in Iowa Code Chapter 633, §§ 633.211 through 633.226. The basic framework works like this:
- If the deceased is survived by a spouse and all children are also children of that spouse, the surviving spouse typically receives the entire estate.
- If the deceased has children from a prior relationship, the spouse and those children split the estate, with the spouse’s share being no less than $50,000.
- If there is no surviving spouse, the estate passes to children, then parents, then siblings, following a strict statutory order.
- If no qualifying relative can be found, the property escheats to the state of Iowa.
Why This Matters for Des Moines Families
Des Moines is a growing city. Young professionals, blended families, and longtime residents all have one thing in common: property, accounts, and personal belongings that someone will need to deal with after they are gone.
Without a will, even small estates can become complicated. A jointly owned vehicle, a savings account with no named beneficiary, and personal items with sentimental value can cause real friction between family members during an already painful time.
A Des Moines, IA wills lawyer can help individuals and families put a plan together that accounts for all of these details. The process does not have to be complicated or time-consuming. In many cases, a straightforward will can be drafted, reviewed, and signed in a matter of weeks.
What a Valid Iowa Will Requires
Iowa has specific requirements for a will to be legally enforceable. Under Iowa Code § 633.279, a valid will must be:
- In writing
- Signed by the person making the will (the “testator”)
- Signed by at least two competent witnesses
Iowa does not recognize holographic (handwritten, unwitnessed) wills. A document that doesn’t meet these requirements may be challenged or thrown out entirely during probate, which defeats the entire purpose of creating one.
This is why working with an attorney is worth it. A properly drafted will reduces the risk of disputes, satisfies Iowa’s statutory requirements, and gives the testator confidence that their wishes will be followed.
Don’t Wait for a Reason to Plan
Violent incidents, car accidents, and medical emergencies are the events that bring estate planning into sharp focus, but they should not be the trigger. A Des Moines wills lawyer will tell you that the best time to create or update a will is right now, while you’re healthy and thinking clearly.
At Law Group of Iowa, we work with individuals and families across the Des Moines metro area to create estate plans that reflect their wishes and protect the people they care about. If you’ve been putting off this step, we encourage you to reach out and start the conversation.
