The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse’s death. If the surviving spouse dies prior to filing an election, it shall be conclusively presumed that the surviving spouse does not take such elective share.
Iowa Code § 633.242
Rights of election personal to surviving spouse
Known as the Iowa Probate Code
The act spans §§ 633–633 (527 sections).
Applied in 1 court decision — leading case In the Matter of the Estate of Karen J. Myers, Rex A. Picken (2012)
Most recently applied in In the Matter of the Estate of Karen J. Myers, Rex A. Picken (November 2012)
[C66, 71, 73, 75, 77, 79, 81, §633.242] 2005 Acts, ch 38, §18
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.