How Indiana intestacy (dying without a will) affects a surviving spouse

When a person dies without a valid will, Indiana’s probate laws govern distribution of the estate and appointment of a personal representative. The surviving spouse is a primary heir under Indiana intestacy rules. In general:

• If the decedent had no surviving children (or other descendants), the surviving spouse typically inherits the entire intestate estate.
• If the decedent left children who are also the children of the surviving spouse, the spouse often inherits the entire estate.
• If the decedent left children from another relationship (i.e., children who are not descendants of the surviving spouse), the spouse usually shares the estate with those children under the statutory scheme.

These are general rules. The exact shares and mechanical steps appear in the Indiana probate statutes (Title 29 of the Indiana Code). For the statutory language and current text, see the Indiana Code (Title 29 – Probate) or the Indiana Courts probate self-help pages:

• Indiana Code, Title 29 – Probate (searchable statutes): https://iga.in.gov/ (search Title 29 for intestacy)
• Indiana Courts — Probate self-help and forms: https://www.in.gov/courts/self-help/probate/

Decision-making power and the personal representative

One of the key decision-making roles in probate belongs to the personal representative (also called executor or administrator). The personal representative manages estate assets, pays debts and taxes, and distributes property according to the statute.

As the surviving spouse you generally have priority to be appointed personal representative. If a family member is trying to exclude you from decisions, you can ask the probate court to:

• appoint you (or another person you select) as personal representative,
• issue temporary orders to prevent removal or dissipation of estate assets, and
• require an accounting and inventory of estate property.

If someone else has already been appointed, you can petition the court to remove that person if they are not performing duties, are acting improperly, or if their appointment was improper. The probate court has authority to protect estate property and to ensure administration follows the law.

Immediate steps you can take if the family is cutting you out

If decedent’s family is excluding you or making decisions without your consent, consider these practical and legal steps right away:

1. Obtain multiple certified copies of the death certificate from the funeral home or county health department. You will need these to deal with banks, title companies, and government agencies.
2. Locate any estate planning documents (wills, trusts, beneficiary designations). If no will exists, document that fact and preserve any evidence.
3. Secure the decedent’s property (home, car, safe, financial records). Change locks only if you are authorized or after getting court authority; acting unilaterally can create conflict.
4. Contact the probate court clerk in the county where the decedent lived. Ask how to file a petition for administration, how to request appointment as personal representative, and how to file for temporary protection of assets.
5. Consider filing for immediate administrative relief if assets are at risk — courts can issue temporary administrators or injunctions to prevent asset dissipation.
6. Gather bank statements, deeds, titles, life insurance policies, retirement account documents, and any beneficiary designations. These documents help determine what passes via probate and what passes outside probate.

Common legal protections available to a surviving spouse

Several statutory protections and probate remedies are commonly available to spouses in Indiana (the names may vary, and eligibility can depend on facts):

• Priority for appointment as personal representative. The surviving spouse typically has priority to serve unless the court finds good reason otherwise.
• Right to inherit under intestacy rules. The spouse is a primary heir; distribution follows statutory rules when there is no will.
• Right to request a court inventory and accounting. The court can require the personal representative to file an inventory and periodic accountings showing how estate property is managed and distributed.
• Temporary or emergency court orders. To prevent loss or waste of estate property, you can seek temporary administration or injunctive relief.
• Exempt property, family allowance, and other statutory allowances. Indiana law provides some protections to survivors to cover basic living expenses and household property before distribution. Check the probate forms and statutes or ask the court clerk for guidance.

When to get a lawyer, and how a lawyer can help

You should strongly consider consulting an Indiana probate attorney if any of the following apply:

• The decedent’s family is locking you out, removing property, or taking money.
• The estate appears complex (real estate, business interests, foreign assets, or significant debts).
• Someone was appointed personal representative and you believe the appointment was improper or the representative is mismanaging assets.
• There are disputes about beneficiaries, paternity, or children from other relationships.

A probate lawyer can help you file petitions, request temporary protections, prepare or contest inventories and accountings, and represent you at hearings. If you proceed without a lawyer, the probate court clerk can provide basic filing information, but not legal advice.

How long will it take and what costs should I expect?

Probate timelines vary by county and case complexity. Simple administrations can take several months; contested matters or estates with tax issues can take a year or more. Costs may include court filing fees, bond premiums for the personal representative (if required), attorney fees, and costs of appraisals and notices. Some costs are paid from estate assets.

Helpful Hints — practical checklist for a surviving spouse in Indiana

• Get certified death certificates early — you will need multiple copies.
• Document any attempts by family members to exclude you (texts, emails, witnesses).
• Keep a careful inventory of property you find and where it is located (photos help).
• Do not transfer or sell estate property unless you have legal authority to do so.
• Contact the probate court clerk to learn local filing procedures and forms.
• If assets are being removed or hidden, ask the court for temporary protective orders or emergency administration.
• Look for beneficiary designations (life insurance, retirement accounts) — these often avoid probate and pay directly to named beneficiaries.
• Consider mediation for family disputes before long litigation, if realistic; courts sometimes require or encourage settlement efforts.