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 Sep 10, 2026 Indiana follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The estate passes to the closest surviving relatives — in most cases the spouse and children first — then, in order: Parents, siblings, and their descendants; Descendants of brothers and sisters; Grandparents; Aunts and uncles and their descendants; The state.
The surviving spouse's share in Indiana depends on family structure.IC § 29-1-2-1Verified Sep 10, 2026 With no children: If no parent survives: entire estate. If parent survives: three-fourths (3/4) of the net estate. With shared children: One-half (1/2) of the net estate. When children from a prior relationship survive: If the spouse is a second or subsequent spouse: an amount equal to one-quarter (25%) of the fair market value of the real property, less liens and encumbrances — the fee itself vests at death in the decedent's children — plus one-half (1/2) of the personal property. Otherwise the ordinary one-half (1/2) of the net estate applies.
Indiana uses the "per capita with representation" distribution method.IC § 29-1-2-1(d)(1)Verified Sep 10, 2026 Under this method, shares are set at the nearest generation with a surviving heir — heirs of equal degree take equal shares — and a deceased heir's share passes to that heir's own descendants. Issue of the same degree of kinship take equally; issue of more remote degrees take by representation.
Under Indiana intestacy law, stepchildren and unmarried partners generally do not inherit unless legally adopted or specifically recognized by statute.IC § 29-1-2-1Verified Sep 10, 2026 A will or trust is how stepchildren or unmarried partners are provided for. 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. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Indiana probate cost calculator for a detailed estimate.
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