2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633 - PROBATE CODE
633.212 - SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT ISSUE SOME OF WHOM ARE NOT ISSUE OF SURVIVING SPOUSE.

        633.212  SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT
      ISSUE SOME OF WHOM ARE NOT ISSUE OF SURVIVING SPOUSE.
         If the decedent dies intestate leaving a surviving spouse and
      leaving issue some of whom are not the issue of the surviving spouse,
      the surviving spouse shall receive the following share:
         1.  One-half in value of all the legal or equitable estates in
      real property possessed by the decedent at any time during the
      marriage, which have not been sold on execution or by other judicial
      sale, and to which the surviving spouse has made no relinquishment of
      right.
         2.  All personal property that, at the time of death, was in the
      hands of the decedent as the head of a family, exempt from execution.

         3.  One-half of all other personal property of the decedent which
      is not necessary for the payment of debts and charges.
         4.  If the property received by the surviving spouse under
      subsections 1, 2 and 3 of this section is not equal in value to the
      sum of fifty thousand dollars, then so much additional of any
      remaining homestead interest and of the remaining real and personal
      property of the decedent that is subject to payment of debts and
      charges against the decedent's estate, after payment of the debts and
      charges, even to the extent of the whole of the net estate, as
      necessary to make the amount of fifty thousand dollars.  

         Section History: Early Form

         [C51, § 1410; R60, § 2495; C73, § 2455; C97, § 3379; S13, § 3379,
      3381-a; C24, 27, 31, 35, 39, § 12017; C46, 50, 54, 58, 62, §
      636.32; C66, 71, 73, 75, 77, 79, 81, § 633.212] 

         Section History: Recent Form

         85 Acts, ch 19, §2
         Referred to in § 633.210, 633.218, 633.246, 633.267, 633.272,
      633.436, 633A.3106