Detailed answer — how Indiana distributes an intestate estate among children
Short answer: If a person dies without a will in Indiana, the estate passes to the decedent’s heirs under the state intestacy rules. Children (including legally adopted children and children whose paternity has been established) are primary heirs. Living children divide the decedent’s share equally. If a child died before the decedent but left descendants (for example, grandchildren), those descendants typically “step into” the deceased child’s place and take that child’s share by representation (commonly called per stirpes distribution).
The law that sets out these basic rules is found in Indiana’s intestate succession statutes (Indiana Code, Title 29, Article 1, Chapter 2). See the chapter for the full statutory language: Indiana Code §29-1-2 — Intestate Succession (Chapter overview).
How the shares are calculated
When the decedent’s only heirs are children (no surviving spouse and no living parents or other closer relatives), the estate is divided among the children in equal shares. If a child died before the decedent but left children (the decedent’s grandchildren), those grandchildren inherit the deceased child’s share and split it equally among themselves.
Simple examples
- Example A — Three living children: The estate is divided into three equal shares; each child receives one-third.
- Example B — One child predeceased but left two children (grandchildren), and two children survive: The estate is treated as having three branches (one for each original child). The two surviving children each get one-third; the two grandchildren split the predeceased child’s one-third (each grandchild gets one-sixth).
- Example C — A child predeceased with no descendants: That child’s branch receives nothing; the estate is divided only among the living children and the branches that have survivors.
Who counts as a “child” under Indiana law?
- Legally adopted children are heirs of the adoptive parent and inherit the same as biological children.
- Children born out of wedlock can inherit if paternity is legally established (by acknowledgment, court order, or other legal means).
- Stepchildren do not inherit unless they were legally adopted.
- Posthumous children (born after the decedent’s death) may inherit if state rules for posthumous descendants are met.
Appointment of an administrator (estate administration) when there’s no will
When there is no personal representative named in a will, the probate court appoints an administrator to manage administration and distribute assets according to the intestacy rules. Priority for appointment commonly starts with the surviving spouse, then other heirs (which will include children). If multiple children are interested in serving, the court will consider their qualifications, availability, and the estate’s needs. Heirs can often agree among themselves on who will serve; if they cannot, the court decides.
Common complications
- Disputed paternity: If paternity isn’t established, a person claiming to be a child may need to bring a paternity action to establish inheritance rights.
- Adoptions and stepfamilies: Adoptions change inheritance rights; informal step-parent relationships do not create intestate inheritance rights absent adoption.
- Mixed families (some children common to a surviving spouse and some not): If there is a surviving spouse, the spouse’s share can change depending on whether all children are also the spouse’s children. (See the intestacy statutes for details.)
Where to read the law
For the statutory text and more detailed rules, read Indiana Code Title 29, Article 1, Chapter 2 (intestate succession): https://iga.in.gov/laws/current/title29/ar1/ch2. That chapter explains who inherits, how representation (per stirpes) works, and how the estate is divided when a spouse or other relatives survive.
Important: This article explains general rules only. Individual estates can raise special factual and legal issues (debts, property held with rights of survivorship, beneficiary-designated accounts, tax consequences, claims by creditors, and more) that change practical outcomes.
Disclaimer: This is general information, not legal advice. It is not a substitute for consulting an attorney about a specific estate or probate question.
Helpful hints — steps to take when someone dies intestate and children are heirs
- Collect documents: death certificate, birth certificates, adoption records, marriage certificate, any probate-related paperwork, and account statements.
- Identify heirs early: make a list of all children, grandchildren, and other potential heirs and gather contact information and proof of relationship.
- Check for named beneficiaries: some assets (retirement plans, life insurance) pass outside probate to named beneficiaries and won’t be divided by intestacy rules.
- Talk to the probate court clerk: the local probate clerk can explain filing requirements and the basic process for seeking appointment as administrator.
- Consider an agreement among heirs: when heirs agree on an administrator and distribution steps, probate administration is often faster and less costly.
- Get legal help when needed: if paternity, adoption, creditor claims, or disputes among heirs exist, consult a probate attorney for guidance specific to the situation.
- Keep clear records: administrators should track receipts, expenses, distributions, and communications to protect against later disputes or claims.