Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
When a person dies without a valid will in Indiana, their property passes under the state’s intestacy laws. Indiana Code Title 29, Article 1, Chapter 2 governs intestate succession. The probate court distributes assets to surviving relatives in a set order. Below is a step-by-step breakdown:
1. Surviving Spouse and Descendants
If the decedent leaves a surviving spouse and one or more descendants, intestacy splits into two scenarios:
- All descendants are also descendants of the spouse.
The spouse inherits the entire estate. (See Indiana Code §29-1-2-3: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-3.) - One or more descendants are not descendants of the spouse.
The spouse receives the first $100,000 of the estate plus half of the balance. The remaining half goes in equal shares to the decedent’s descendants by right of representation (per stirpes). (See Indiana Code §29-1-2-4: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-4.)
2. Descendants Only, No Spouse
If there is no surviving spouse but the decedent leaves lineal descendants (children, grandchildren, etc.), those descendants inherit equally by right of representation. (See Indiana Code §29-1-2-1: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-1.)
3. No Spouse or Descendants
If the decedent has no spouse or descendants, the estate goes in this order:
- Parents (split equally) – Indiana Code §29-1-2-5: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-5.
- If no parents, siblings (and descendants of siblings) share equally – Indiana Code §29-1-2-6: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-6.
- If no siblings, grandparents (and descendants of grandparents) share equally – Indiana Code §29-1-2-7: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-7.
- If no relatives in the above categories, the estate escheats to the State of Indiana – Indiana Code §29-1-2-8: https://iga.in.gov/laws/2023/ic/titles/29#29-1-2-8.
4. Elective Share and Other Protections
Surviving spouses may waive intestate share by agreement or claim an elective share under Indiana Code §29-1-4 if disinherited. Creditors’ claims and administrative costs also reduce the gross estate before distributions. For details see Indiana Code §29-1-7.
Helpful Hints
- Understand “per stirpes” (right of representation). An entire branch inherits if a sibling or child predeceases the decedent.
- Gather birth, marriage, and death certificates to prove relationships in probate court.
- File a petition for administration in the county where the decedent lived.
- Notify known heirs and creditors. Indiana law sets specific notice deadlines.
- Consult an attorney if the estate involves real estate, business interests, or disputes among heirs.