Detailed Answer
When someone dies without a valid will, they die “intestate.” In Indiana, intestate succession follows rules set out in Indiana Code Title 29, Article 1, Chapter 2 (Ind. Code § 29-1-2-1). To identify the heirs of your father’s estate, follow these steps:
- Confirm Intestacy. Verify that your father left no valid will. If a will exists, intestacy rules generally do not apply.
- Gather Family Information. List all surviving relatives: spouse, children (including adopted and posthumous), parents, siblings, grandchildren, nieces, nephews, and so on.
- Apply the Order of Distribution. Indiana’s statute prioritizes heirs in this order:
- Surviving spouse and descendants.
- Descendants only (if no spouse).
- Parents.
- Siblings and their descendants.
- Grandparents.
- Aunts and uncles (half-blood counts equally) and their descendants.
- The state (if no heirs).
- Divide Shares. Indiana distributes assets per stirpes (by branch). For example, if a child predeceased your father but left children, that branch still inherits your father’s share.
- Obtain a Court Order. File a petition in the probate court of the county where your father lived. The court approves heirs and issues letters of administration.
Example: Suppose your father died married with two adult children and one predeceased child who left two grandchildren. Under Ind. Code § 29-1-2-1, the estate splits as follows: half to the spouse and half divided per stirpes among the three branches (two living children and the grandchildren branch).
Helpful Hints
- Check adoption records and paternity acknowledgments—they affect heirship.
- Consider whether any children were born out of wedlock; Indiana Code § 29-1-2-2 covers those situations.
- Survivorship time matters: an heir must survive the decedent by 120 hours to inherit (Ind. Code § 29-1-2-5).
- Half-blood siblings inherit equally with whole-blood siblings if no closer heirs exist.
- Consult the probate clerk for local forms and fee schedules.
Disclaimer: This article provides general information about Indiana intestate succession. It is not legal advice. For guidance on your specific situation, consult a licensed attorney.