IN estate risk
Intestacy risk in Indiana
How assets are distributed when there is no will and state default rules control the outcome.
Indiana intestacy gives a surviving spouse a share based on whether descendants or parents survive, with special limits for certain second spouses.
At a glance
Key takeaways
- If the decedent is survived by descendants, the spouse receives one-half of the net estate.
- If there are no descendants but one or both parents survive, the spouse receives three-fourths of the net estate.
- If there are no descendants or parents, the spouse receives the entire net estate.
- A second or subsequent spouse with no children by the decedent may receive a limited real-property share, with the remainder to the decedent’s descendants.
Questions to consider
Questions to consider in Indiana
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Indiana intestacy gives a surviving spouse a share based on whether descendants or parents survive, with special limits for certain second spouses.
- If the decedent is survived by descendants, the spouse receives one-half of the net estate.
- If there are no descendants but one or both parents survive, the spouse receives three-fourths of the net estate.
- If there are no descendants or parents, the spouse receives the entire net estate.
- A second or subsequent spouse with no children by the decedent may receive a limited real-property share, with the remainder to the decedent’s descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-2-1/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-indiana.html
- https://law.justia.com/codes/indiana/title-29/article-1/chapter-2/section-29-1-2-2/
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Indiana.
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