A person who dies without a will is said to have died “intestate” and his or her probate property goes to his or her heirs under the laws of intestacy for the state in which he or she was domiciled.
In Indiana, if you die without a will and, at the time of your death, you have a surviving spouse, then your probate estate is distributed as follows:
- If you have at least one child or other direct descendant who is then living, then one-half (½) of your estate goes to your surviving spouse and the other half goes to you surviving children or other descendants.
- If you do not have any children or other direct descendant who are then living, but one or both of your parents are then living, then three-fourths (3/4) of your estate goes to your surviving spouse and one-fourth (1/4) of your estate goes to your parents.
- If you do not have a parent or descendant who is then living, then your entire estate goes to your surviving spouse.
- There is a special case if your surviving spouse is a second (or other subsequent) spouse and the two of you did not have any children, but you do have a child by a previous spouse. In that case, your surviving spouse receives one-half of your personal property, but takes only twenty-five percent (25%) of the net fair market value of your real property. Your children (and/or descendants of any deceased children) receives the other half of your personal property and seventy-five percent (75%) of the net fair market value of your real property.
If, at the time of your death, you do not have a surviving spouse, then your probate estate is distributed as follows:
- Your estate if first distributed to your children and to the then living descendants of any deceased child.
- If you do not have any children or other descendants who are then living, then your estate is distributed to your parents, your siblings, and the descendants of any siblings who predeceased you. In this case, your parents and siblings each take an equal share, provided however that each of your parents receive at least one-fourth (1/4) of your estate.
- If your parents are not living and you do not have any siblings or nieces or nephews then living, then your estate goes to your grandparents.
- If your grandparents are not then living, then your estate goes to your aunts and uncles, and the descendants of any deceased aunts and uncles (your cousins).
- If you do not have any aunts, uncles, or cousins who are then living, then your estate goes to the state of Indiana.
