The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows:
1. To the issue of the decedent per stirpes.
2. If there is no surviving issue, to the parents of the decedent equally; and if either parent is dead, the portion that would have gone to such deceased parent shall go to the survivor.
3. If there is no person to take under either subsection 1 or 2 of this section, to the issue of the parents or either of them per stirpes.
4. If there is no person to take under subsection 1, 2, or 3 of this section, but the decedent is survived by one or more grandparents or issue of grandparents, half the estate passes to the paternal grandparents, if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking per stirpes, and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on one side, the entire estate passes to the relatives of the other side in the same manner as the half.
5. If there is no person to take under subsection 1, 2, 3, or 4 of this section, the portion uninherited shall go to the issue of the deceased spouse of the intestate, per stirpes. If the intestate has had more than one spouse who died in lawful wedlock, it shall be equally divided between the issue, per stirpes, of those deceased spouses.
6. If there is no person who qualifies under either subsection 1, 2, 3, 4, or 5 of this section, the intestate property shall escheat to the state of Iowa.
[C51, § 1408--;1411, 1413, 1414; R60, § 2436, 2437, 2439, 2440, 2495--;2497; C73, § 2453--;2458, 2460; C97, § 3378--;3382, 3387; S13, § 3379, 3381-a, -b, -c; C24, 27, 31, 35, 39, § 12016, 12017, 12024--;12028, 12035; C46, 50, 54, 58, 62, § 636.31, 636.32, 636.39--;636.43, 636.50; C66, 71, 73, 75, 77, 79, 81, § 633.219]
93 Acts, ch 111, §2
Referred to in § 633.210, 633.267, 633.304, 633.305
Iowa General Assembly
Search: Iowa Code 1995
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