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State Guide
Iowa
Death Laws & End-of-Life Guide
What Iowa law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. Just what you need to know.
Someone just died in Iowa? The first 24 hours, step by step →
Guide Status
● Last reviewed October 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Iowa attorney for your specific situation.
This is general information, not legal advice. Iowa law changes. Your situation is specific. For anything that matters, talk to a licensed Iowa attorney. Iowa estate attorneys who post flat fees →
The short answer
In Iowa, estates under $200,000 can skip full probate through a simplified process or affidavit. Cremation has no statutory waiting period. There's no Iowa estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed October 2026 · Iowa
Someone just died in Iowa: the first 24 hours →Verified providers in Iowa →
Death Certificates
Last verified: August 7, 2026
Source: Iowa Code § 144.26; Iowa HHS Vital Records ↗At a Glance
after death
confidential
copy fee
File within 3 days · Restricted for 50 years · Then public
Iowa death certificate filing rules.
In Iowa, a death certificate must be filed with the state registrar within three days after the death and before final disposition. The county registrar registers the certificate if it's completed and filed correctly. The certificate must include the deceased's social security number (if provided) and all information, including the certifying physician's, physician assistant's, or advanced registered nurse practitioner's name, must be typewritten.
Ask each bank, insurer, court, agency, and property office whether it requires a certified copy. Order an initial quantity based on those actual needs, and confirm the current fee and process for ordering more.
Who can order copies.
Certified copies of death certificates can be obtained from the Iowa Department of Health and Human Services, Vital Records office, or from the county registrar (the county recorder) where the death happened. Requests can be made by telephone, in-person, or by mail. All applications must include a valid, current government-issued photo I.D. (legible photocopy if applying by mail) and applicants must satisfactorily prove entitlement.
- -Iowa Department of Health and Human Services, Vital Records: https://hhs.iowa.gov/family-community/vital-records
- -Cost: $20 per record search, which includes a copy if the record is found. The fee isn't refundable if there's no record.
- -You need a direct and tangible interest: the person named on the record, or their legal parent, grandparent, spouse, sibling, child, grandchild, legal guardian, or legal representative. Records held at the state level are closed to public inspection.
Who can order a death certificate in Iowa?
Entitled persons are the person named on the record, the spouse, children, legal parents, grandparents, grandchildren, siblings, or a legal representative or guardian. Guardians, legal representatives and siblings show extra proof of entitlement. Mail applications must be notarized. Certified copies come from Iowa's Bureau of Health Statistics, Iowa Department of Health and Human Services; county recorders issue copies of deaths from 1954 on, online or by phone through VitalChek, by notarized mail application, in person at the state office in Des Moines, or at a county recorder.
How do I get a death certificate in Iowa?
Order certified copies from Iowa's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
How much does a death certificate cost in Iowa?
$20 per certified copy in Iowa, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.
Probate & Wills
Last verified: October 3, 2026
Source: Iowa Code §§ 633.356, 633.473; Iowa Code ch. 635 ↗At a Glance
threshold
process available
timeline
Small estate threshold vs. national average
When probate is required.
In Iowa, probate is generally required for estates with assets exceeding certain thresholds. A small estate affidavit can be used if the gross value of the decedent's personal property is $100,000 or less, the decedent's probate assets are only personal property with no interest in real estate, and 40 days have passed since the death (Iowa Code § 633.356, as amended by House File 2660). The limit was $50,000 until July 1, 2026. For estates with gross value of probate assets $200,000 or less, a simplified small estate administration can be used (Iowa Code § 635.1). Otherwise, regular probate is required.
Most estates can be probated in less than one year. Iowa Code § 633.473 requires final settlement within three years after the second publication of the notice to creditors, unless the court orders otherwise.
Source: Iowa House File 2660 (2026), enrolled: small estate affidavit limit raised to $100,000 ↗
If you die without a will.
If an Iowa resident dies without a valid will, their assets are distributed according to Iowa's intestate succession laws (Iowa Code 633.212). The distribution depends on the surviving family members.
- -Surviving spouse and no children/parents: Spouse inherits everything.
- -Surviving spouse and children (all of whom are also children of the spouse): Spouse inherits everything.
- -Surviving spouse and children (some of whom aren't children of the spouse): Spouse inherits half of the estate, and children inherit the other half.
- -No surviving spouse: Children inherit everything.
- -No surviving spouse or children: Parents inherit everything.
- -No surviving spouse, children, or parents: Siblings inherit everything.
- -No relatives: The estate escheats to the state.
Avoiding probate.
To avoid probate in Iowa, common strategies include establishing a revocable living trust, designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance policies), and holding property in joint tenancy with right of survivorship. These methods allow assets to pass directly to beneficiaries outside of the probate process.
Handwritten wills.
Iowa doesn't accept an unwitnessed handwritten will signed here. Every will has to be signed, declared to be a will, and witnessed by two competent people who sign in front of the person and each other (Iowa Code § 633.279). A will signed outside Iowa counts if it met the law of the place it was signed or of the person's home state, as long as it's in writing and signed by the person (§ 633.283).
Source: Iowa Code § 633.279 (Iowa Legislature) ↗Source: Iowa Code § 633.283 ↗
How long does probate take in Iowa?
A straightforward Iowa probate typically runs less than one year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.
What is the small-estate limit in Iowa?
$200,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
Do I need a probate attorney in Iowa?
Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Iowa law adds.
Does Iowa allow transfer-on-death deeds?
No. Iowa has no transfer-on-death deed statute. An Iowa court has voided one that was tried. A living trust or joint ownership with survivorship does the same job here; uniform-act bills keep stalling in the legislature.
Time off work after a death in Iowa
Iowa doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. Nobody. No Iowa employer, of any size, has to give a worker time off after a death.
How much. None required.
Paid or unpaid. Not applicable. Any bereavement time an Iowa worker gets comes from the employer's own policy or a union contract.
Federal FMLA doesn't require bereavement leave either. The US Department of Labor's own funeral leave page says the Fair Labor Standards Act "does not require payment for time not worked, including attending a funeral" and that this benefit "is generally a matter of agreement between an employer and an employee (or the employee's representative)" (https://www.dol.gov/general/topic/benefits-leave/funeral-leave). FMLA covers a family member's serious health condition, and the condition ends at death. So in Iowa there is no state floor and no federal floor. Practical read for a griever: your handbook is the whole law here, and if there's no policy, the days off are a negotiation.
Can I leave money to care for my pet in Iowa?
Yes. Iowa enforces pet trusts under Iowa Code § 633A.2105, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when the last animal it covers has died, and Iowa sets no year limit on it. The 21 year cap in the first paragraph of that section is for other kinds of purpose trusts, not for animal care. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Iowa gives no one else a way in, so a neighbor who thinks your dog is being neglected can't take it to court. Name an enforcer and a backup. A judge can free up part of the money for something else if the trust holds substantially more than your animal's care requires. Iowa's statute doesn't say who receives that money, so name the person or the rescue you want it to go to in the trust itself. Iowa covers an animal that's alive when you die, so write the trust around whatever animals you leave behind rather than one pet by name. Name the caretaker too; the statute won't pick one for you.
Dying Without a Will
Last verified: July 17, 2026
Source: Iowa Code §§ 633.210 to 633.219 ↗Die without a will in Iowa and this law picks your heirs.
If you die intestate (without a valid will) in Iowa, Iowa Code §§ 633.210 to 633.219 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted doesn't matter. Only a signed will changes these defaults.
Iowa is unusual in giving the spouse everything even when there are children, as long as they're all the spouse's children too. In blended families the spouse's share carries a $50,000 floor, and stepchildren (issue of a deceased spouse) inherit ahead of the state.
What your spouse gets.
What your spouse inherits depends on who else survives you. The four common family shapes:
- -Spouse only (no descendants or parents): the spouse takes the entire estate.
- -Spouse + parents (no descendants): parents change nothing, the spouse still takes everything.
- -Spouse + joint descendants: the spouse still takes the entire estate; joint children inherit nothing while the spouse lives.
- -Spouse + blended family: the spouse takes half the real property, all exempt personal property, and half the other personal property, with a $50,000 minimum; the decedent's issue split the rest.
- -Source: Iowa Code §§ 633.210 to 633.219
Children's shares.
With no spouse, the issue take everything per stirpes.
No spouse, no children: the line of succession.
After issue come parents equally (the survivor taking a deceased parent's share), then the parents' issue split half to the mother's line and half to the father's line, then grandparents and their issue, then great-grandparents and their issue, then the issue of the decedent's deceased spouse: and only then does the estate escheat to the state of Iowa (§ 633.219(7)).
Advance Directives
Last verified: October 3, 2026
Source: Iowa Code Chapters 144A, 144B ↗At a Glance
a notary instead
of witnesses
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
What Iowa requires.
In Iowa, a Durable Power of Attorney for Health Care (DPOA-HC) must be in writing, dated, and either witnessed by at least two individuals (who aren't the attorney-in-fact, a healthcare provider, or an employee of a healthcare provider attending the principal, and at least one witness can't be a relative by blood, marriage, or adoption within the third degree of consanguinity) or acknowledged before a notarial officer. The document explicitly authorizes the attorney-in-fact to make healthcare decisions.
Make sure your DPOA-HC clearly states your desires and is properly witnessed or notarized so it's legally binding in Iowa.
Healthcare power of attorney.
Iowa law provides for a Durable Power of Attorney for Health Care (DPOA-HC), which allows you to designate an agent (attorney-in-fact) to make healthcare decisions on your behalf if you become unable to do so. This document can be a standalone form or combined with other advance directives. Since July 1, 2026, the attorney-in-fact has to act on the desires you put in the power of attorney or in a life-sustaining procedures declaration, or told the attorney directly. Wishes you told someone else don't limit the attorney unless the power of attorney itself states a limit (Iowa Code ch. 144B, as amended by Senate File 2198). If you have a terminal condition, can't communicate and haven't made a declaration, your attorney-in-fact or guardian decides about life-sustaining procedures and hospice. If you have neither, the Code lists who decides, in order (Iowa Code § 144A.7, as amended by House File 2305). A physician assistant or advanced registered nurse practitioner can now serve as your attending provider.
Source: Iowa Senate File 2198 (2026), enrolled: authority of the attorney in fact ↗Source: Iowa House File 2305 (2026), enrolled: health care decision making ↗
POLST / MOLST forms.
Iowa recognizes Physician Orders for Scope of Treatment (IPOST) forms. IPOST is a standardized, portable medical order form for individuals with serious illnesses. Unlike an advance directive, which is a legal document expressing future wishes, an IPOST form is a physician's order that translates a patient's preferences into actionable medical instructions, covering life-sustaining treatments. It's designed to be honored across healthcare settings.
Where do I get Iowa's advance directive form?
Start with Iowa Code Chapters 144A, 144B, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Does Iowa require a notary or witnesses for an advance directive?
Iowa accepts either 2 adult witnesses or a notary, as shown in the requirements above; you don't need both. Anyone 18 or older of sound mind can make one.
Cremation & Burial
Last verified: October 3, 2026
Source: Iowa Admin. Code r. 645-100.10; Iowa Code §§ 144.32, 144C.5 ↗At a Glance
Cremation rules in Iowa.
Iowa sets no waiting period before cremation. It sets a deadline instead: the cremation establishment has to cremate within 24 hours of issuing the delivery receipt for the body (Iowa Admin. Code r. 645-100.10(5)(a)). What has to be in hand first is a cremation authorization form signed by the authorized person, and a burial transit permit under Iowa Code § 144.32 when someone other than a funeral director, medical examiner, or emergency medical service takes custody of the body or it leaves the state. A crematory can't refuse a body because it isn't embalmed, and can't cremate one it knows contains a pacemaker or another implant that would be a hazard to the operator.
Who signs the authorization.
Iowa Code § 144C.5 sets the order for who controls final disposition: a designee named in the person's own written declaration, then the surviving spouse, then a majority of the surviving adult children, then the surviving parents, then a majority of the grandchildren, siblings, grandparents, and on down the line of intestate heirs. Where a class has more than one member, a majority governs, so a single objecting child doesn't stop the process. Some cremation establishments still ask for every child's signature as their own policy. Since July 1, 2026, a person with authority to control cremated remains who doesn't claim them within 30 calendar days after getting a written notice from a funeral director, funeral establishment, cremation establishment, cemetery or medical examiner loses that authority (Iowa Code § 144C.8, as amended by House File 2349).
Source: Iowa House File 2349 (2026), enrolled: forfeiture of authority to control cremated remains ↗
Green burial and alternatives.
Iowa allows for green burial practices, which typically involve no embalming (or non-toxic embalming), no burial vault, and the use of biodegradable materials. There are natural burial grounds and hybrid cemeteries that support these practices. Human composting and alkaline hydrolysis aren't explicitly addressed as widely available or regulated alternatives for disposition in Iowa, and home burial is generally permitted on private property with proper permits and adherence to local zoning and health regulations.
- -Green burial: Permitted, with options for natural burial grounds and hybrid cemeteries.
- -Home burial: Generally allowed on private land, subject to local regulations.
- -Scattering of cremains: Permitted on private property with owner's permission.
Funeral home regulations.
Funeral homes in Iowa are regulated by the Iowa Board of Mortuary Science. They must adhere to state licensing requirements and federal regulations, including the FTC Funeral Rule, which mandates price disclosure. This rule requires funeral homes to provide an itemized general price list to consumers.
Who decides what happens to the body in Iowa
Iowa sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
- designee or alternate designee acting under the decedent's declaration
- surviving spouse, if not legally separated and whereabouts reasonably ascertainable
- surviving children (majority if more than one)
- surviving parents
- surviving grandchildren (majority if more than one)
- surviving siblings (majority if more than one)
- surviving grandparents (majority if more than one)
- next degree of kin under intestate succession (majority if more than one)
- any person who signs an affidavit warranting the decedent's identity and assuming the right and the expense of disposition
- county medical examiner, if responsible for the remains
Naming someone in advance. A standalone "declaration" naming a "designee" under Iowa Code §§ 144C.3 and 144C.6, with a statutory form set out at § 144C.6(1). It must be written, dated, and signed, and then either witnessed by two people who are not named in it (signing in each other's and the declarant's presence) or acknowledged before a notarial officer. It is a separate instrument, not part of an advance directive or a will, and § 144C.3(2) forbids putting disposition directives inside it. Under § 144C.6(4), a DoD-authorized form executed by a service member who died performing military duty counts as a valid declaration.
When the same tier disagrees. § 144C.5(2): a third party may rely on one member of the child, grandchild, sibling, grandparent, or next-of-kin class who signs an affidavit that all reachable class members were notified of the death and that a majority assented. § 144C.5(3): if the third party knows of a dispute within a class, or between a person entitled under subsection 1 and the executor named in the will or a court-appointed personal representative, it may wait for a court order before proceeding.
Control is forfeited under § 144C.8 if the person is charged with first- or second-degree murder or voluntary manslaughter in connection with the death and a third party knows of the charge, or if they don't exercise the authority within 24 hours of being notified of the death or 40 hours after the death, whichever is earlier. Divorce, annulment, or legal separation automatically revokes a spouse as designee (§ 144C.7(2)(a)), and an anatomical-gift donee's rights under chapter 142C outrank the designee (§ 144C.10(4)). The 24-hour/40-hour forfeiture and the § 144C.5(4) cross-reference are 2025 Iowa Acts ch. 22 amendments carried in the 2026 Code.
Source: Iowa Code § 144C.5 (Final Disposition Act); related §§ 144C.3, 144C.6, 144C.7, 144C.8 ↗
If you can't afford the funeral in Iowa
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. No statewide program. Burial/cremation assistance is county General Assistance ("general relief") under Iowa Code ch. 252, set by each county board of supervisors. A family finds theirs by calling their county's General Assistance or Community Services office (the county Board of Supervisors sets the amount by resolution). County board of supervisors / county General Assistance office. Example: Linn County General Assistance Office, ordinance section 11.12 Burial Assistance.
What it pays. Varies by county; no statewide figure. Linn County ordinance 11.12, verbatim: "The Linn County General Assistance Office currently pays up to $1000.00 for burial or cremation services to community funeral homes." Iowa Code 252.27, verbatim, caps only transient burials: "assistance may consist of the burial of nonresident indigent transients and the payment of the reasonable cost of burial, not to exceed two hundred fifty dollars."
What disqualifies you. Linn County: deceased was a county resident whose monthly household income is at or below 100% of the Federal Poverty Guidelines ($931.00 in the ordinance). Any money left in the deceased's bank account or other counted monetary resource is applied against the $1,000. Other counties set their own income tests and amounts.
2. If the death was caused by a crime. Funeral and burial maximum, verbatim from the Iowa Attorney General's Crime Victim Compensation Facts page: "$7,500". (Related caps on the same page: medical care for homicide survivors $3,000, lost wages for homicide survivors $6,000, survivor counseling $5,000.)
Iowa crime victim compensation ↗
3. Money the person was already owed. Search Iowa's unclaimed property before you borrow anything. Searching and claiming are free.
The deadline is short and it's the funeral home that usually files: Linn County requires the application within 60 days of the date of death, and the ordinance says the funeral director may apply "in the absence of any other responsible party." Every Iowa county sets its own dollar amount, so the answer changes county to county even though the enabling statute is the same.
Estate & Inheritance Taxes
Last verified: July 16, 2026
Source: Iowa Department of Revenue ↗At a Glance
$15.00M (2026)
Does Iowa have an estate tax?
Iowa doesn't impose a state-level estate tax. Only the federal estate tax may apply to very large estates.
Iowa is one of many states that don't have a state estate tax, simplifying estate planning for most residents.
Does Iowa have an inheritance tax?
Iowa has repealed its inheritance tax for deaths occurring on or after January 1, 2025. For deaths occurring before this date, inheritance tax may still apply based on the relationship of the beneficiary to the decedent and the value of the inheritance. Exemptions applied to certain beneficiaries, such as spouses and lineal ascendants/descendants.
Federal estate tax.
The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.
Does Iowa have an estate tax?
No. Iowa has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.
Does Iowa have an inheritance tax?
No. Iowa doesn’t tax inheritances. Heirs owe no state tax on what they receive.
What is the federal estate tax exemption for 2026?
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Organ Donation
Last verified: August 8, 2026
Source: Iowa Code Chapter 142C ↗At a Glance
Registering as a donor in Iowa.
In Iowa, you can register to be an organ, eye, and tissue donor through the Iowa Donor Network. The most common way to register is when obtaining or renewing your driver's license or state ID at the Iowa Department of Transportation (DOT). You can also register online through the Iowa Donor Network's website.
- -Iowa Donor Network: https://www.iowadonornetwork.org/register
- -Register at the Iowa DOT when applying for or renewing your driver's license/state ID.
- -Indicate your wishes in your advance directive.
Your family can't override an adult donor's decision.
In Iowa, a registered organ donor decision is legally binding, and nobody else can amend or revoke it after your death (Iowa Code § 142C.3(5)(a)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Iowa Code § 142C.3(5)(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.
Source: Iowa Code § 142C.3 (anatomical gifts; preclusive effect) ↗
Need Help in Iowa?
Some of this requires an Iowa attorney.
Wills, trusts, advance directives, and probate all benefit from a licensed professional. Our directory lists Iowa estate attorneys who post flat fees on their own websites, and we confirm a lawyer at each firm holds an active license. The directory also lists funeral directors, grief counselors, hospice providers, and financial advisors. Before a listing appears, we check the provider's phone and address against the provider's own website.
From The MORTL Edit
Read when you're ready.
The Advance Directive: What It Is, Why You Need One, and How to Get It Done
11 min read →7 Estate Planning Myths That Are Costing People Money
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8 min read →How Long Does Probate Take? The Deadlines That Set the Clock
12 min read →How to Write a Will: The Complete Guide
9 min read →What Does an Executor Actually Do?
10 min read →The Costs and Delays That Planning Can Reduce
9 min read →How Much Does a Funeral Cost in 2026?
10 min read →Transfer on Death Deed: The Deed Most People Have Never Heard Of
9 min read →How to Close Accounts After a Death: What Every Company Actually Requires
10 min read →How to Write an Obituary: A Practical Guide That Actually Helps
10 min read →What Happens to Social Media Accounts When You Die
12 min read →Sources: Iowa Code Chapter 144 (Vital Statistics), Iowa Code Chapter 144B (Durable Power of Attorney for Health Care), Iowa Code Chapter 142C (Uniform Anatomical Gift Act), Iowa Code Chapter 633 (Probate Code), Iowa Administrative Code 645-100 (Cremation), Iowa Department of Health and Human Services, Iowa Department of Revenue. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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