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Home→Tools→Who Inherits Calculator→Indiana

What Happens If You Die Without a Will in Indiana?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

Indiana intestacy laws determine who inherits when there is no will.IC § 29-1-2-1Verified Apr 14, 2026 Indiana follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Indiana depends on family structure.IC § 29-1-2-1Verified Apr 14, 2026 With no children: If no parent survives: entire estate. If parent survives: three-fourths (3/4) of the net estate.. With shared children: Half of the estate. When children from a prior relationship survive: One-quarter (25%) of the fair market value of real property (minus liens); one-half (50%) of personal property.

Indiana uses the "per stirpes" distribution method.IC § 29-1-2-1(d)Verified Apr 14, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. By representation (per stirpes)

Under Indiana intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.IC § 29-1-2-1Verified Apr 14, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Indiana will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Indiana depend on estate size and complexity. Estates valued at $100,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Indiana probate cost calculator for a detailed estimate.

Intestacy Laws in Indiana

Indiana intestacy law gives the surviving spouse a share that depends on the family structure. With no children, the spouse receives If no parent survives: entire estate. If parent survives: three-fourths (3/4) of the net estate.IC § 29-1-2-1Verified Apr 14, 2026. When shared children survive, the share changes to Half of the estateIC § 29-1-2-1Verified Apr 14, 2026.

Assets passing to children and descendants in Indiana are divided by Per stirpesIC § 29-1-2-1(d)Verified Apr 14, 2026. Unlike many states, Indiana has no mandatory survival period for heirs.

Intestate estates in Indiana valued under $100,000IC 29-1-8-1Verified Apr 14, 2026 may qualify for a simplified transfer procedure that avoids formal probate. Use the Indiana probate calculator to estimate costs for larger estates.

A revocable living trust overrides Indiana intestacy law and bypasses probate. Assets in the trust transfer privately to named beneficiaries without the delays, costs, or public exposure of the probate process.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • IC § 29-1-2-1
  • IC § 29-1-2-1(d)
  • IC 29-1-8-1

Data sourced from Indiana statutes and official state code. How we research.

Indiana Estate Planning Resources

In-depth guides covering Indiana probate laws, trust requirements, and estate planning strategies.

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Include home, savings, investments, etc.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

Quick examples:

This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-04-14

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