What Happens if You Die Without a Will in Indiana?
Indiana's intestate succession law fills in the blank when there's no will, based on marital status and surviving relatives. Here's the rundown.
If You are Married with Children
- Your spouse inherits 1/2 of your net estate. Your children inherit the other 1/2, divided equally, whether or not they're also your spouse's children.
- If you have no children with your current spouse but have at least one descendant from a previous relationship, your spouse instead inherits 1/2 of your personal property, plus 1/4 of the fair market value of your real estate, minus any liens. Your descendants inherit the rest.
If You are Married Without Children
If you have no children, your spouse inherits your entire estate, but only if you have no living parents. If you have living parents, your spouse inherits 3/4 of your net estate, and your parents inherit the remaining 1/4.
If You Don't Have a Spouse, but Have Children
Your assets are divided equally among your children.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of Indiana, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in Indiana
- Indiana does not recognize holographic, or handwritten, wills that do not have witnesses who have signed the document, so an unwitnessed handwritten document generally can't override intestate succession.
- Stepchildren generally don't inherit unless they were legally adopted.
- Indiana allows a personal representative to dispense with formal accountings under unsupervised administration, which can speed up an intestate estate's settlement.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Indiana, your estate may still avoid full probate if the gross probate estate is $100,000 or less, using a small estate affidavit available 45 days after death. Larger estates go through supervised or unsupervised administration.
To learn more about probate in Indiana, go to our article.
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