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  • Scott A. Hale

Indiana Intestate Succession Overview

In the Indiana, if you die without a will, trust, or other TOD instruments to transfer your property, your estate will be subject to the laws of intestate succession located in Indiana Code, Title 29, Article 1, Chapter 2. These laws explain the dispersion of the estate of an individual who has died intestate.

The probate proceeding will include any property the decedent owned at the time of their death as well as debts they owed. The recoverable debts will be deducted from the value of possessions and the balance separated according to law.

Title 29 directs the division of an intestate individual's asset as follows:

Survived by a spouse and at least one biological child

The surviving spouse will inherit half of the deceased spouse's net estate, and the deceased spouse's children will inherit the other half.

Survived by a spouse and parent and no children

The surviving spouse will inherit three-fourths of the deceased spouse's probate estate and the other one-fourth (1/4) will go equally to the parents or all to the only surviving parent. Many people do not realize that parents will be entitled to a share of an intestate individual's estate if they do not have children. Most people do not intend for their estate to be divided in this manner. If you fall into this category, it is important to create an estate plan to control the dispersion of your property.

Survived by a spouse and no children or parents

The surviving spouse will inherit the deceased spouse's entire probate estate.

Survived by children but without a spouse

The children will inherit the entire probate estate, per stirpes.

Survived by a parent or parents and no spouse or children

The parents will inherit the probate estate in equal shares if both are alive at the time of death or the entire probate estate will go to the only surviving parent.

Survived by siblings(no spouse, children, or parents)

The brothers and/or sisters of the deceased will inherit the entire of the probate estate, per stirpes.

Survived by a spouse and non-biological children

The surviving spouse will inherit one-half of the deceased spouse's intestate personal property and one-fourth of the value of the deceased spouse's real estate (excluding liens) and the remainder will go to the deceased spouse's children, per stirpes.

Not survived by Family

If there are no living family members, then the entire probate estate of the deceased will escheat to the State of Indiana.

Do not leave the flow of your estate in the hands of the State of Indiana. Contact us today to create a will or trust so you can control the distribution of your property.

-Scott A Hale, Attorney at Law

(219) 734-6580

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