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IC 29-1-2-1 Estate; distribution
Sec. 1.
(a) The estate of a person dying intestate shall descend and be distributed
as provided in this section.
(b) Except as otherwise provided in subsection (c), the surviving spouse
shall receive the following share:
(1) One-half (1/2) of the net estate if the intestate is survived by at
least one (1) child or by the issue of at least one (1) deceased child.
(2) Three-fourths (3/4) of the net estate, if there is no surviving issue,
but the intestate is survived by one (1) or both of the intestate's parents.
(3) All of the net estate, if there is no surviving issue or parent.
(c) If the surviving spouse is a second or other subsequent spouse who
did not at any time have children by the decedent, and the decedent left
surviving the decedent a child or children or the descendants of a child or
children by a previous spouse, the surviving second or subsequent childless
spouse shall take only an amount equal to twenty-five percent (25%) of the
remainder of: (1) the fair market value as of the date of death of the real
property of the deceased spouse; minus (2) the value of the liens and
encumbrances on the real property of the deceased spouse. The fee shall, at
the decedent's death, vest at once in the decedent's surviving child or
children, or the descendants of the decedent's child or children who may be
dead. A second or subsequent childless spouse described in this subsection
shall, however, receive the same share of the personal property of the
decedent as is provided in subsection (b) with respect to surviving spouses
generally.
(d) The share of the net estate not distributable to the surviving spouse,
or the entire net estate if there is no surviving spouse, shall descend and
be distributed as follows:
(1) To the issue of the intestate, if they are
all of the same degree of kinship to the intestate, they shall take equally,
or if of unequal degree, then those of more remote degrees shall take by
representation.
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(2) If there is a surviving spouse but no surviving issue of the intestate,
then to the surviving parents of the intestate.
(3) If there is no surviving spouse or issue of the intestate, then to the
surviving parents, brothers, and sisters, and the issue of deceased brothers
and sisters of the intestate. Each living parent of the intestate shall be
treated as of the same degree as a brother or sister and shall be entitled
to the same share as a brother or sister. However, the share of each parent
shall be not less than one-fourth (1/4) of the decedent's net estate. Issue
of deceased brothers and sisters shall take by representation.
(4) If there is no surviving parent or brother or sister of the intestate,
then to the issue of brothers and sisters. If the distributees described in
this subdivision are all in the same degree of kinship to the intestate,
they shall take equally or, if of unequal degree, then those of more remote
degrees shall take by representation.
(5) If there is no surviving issue or parent of the intestate or issue of a
parent, then to the surviving grandparents of the intestate equally.
(6) If there is no surviving issue or parent or issue of a parent, or
grandparent of the intestate, then the estate of the decedent shall be
divided into that number of shares equal to the sum of: (A) the number of
brothers and sisters of the decedent's parents surviving the decedent; plus
(B) the number of deceased brothers and sisters of the decedent's parents
leaving issue surviving both them and the decedent; and one (1) of the
shares shall pass to each of the brothers and sisters of the decedent's
parents or their respective issue per stirpes.
(7) If interests in real estate go to a husband and wife under this
subsection, the aggregate interests so descending shall be owned by them as
tenants by the entireties. Interests in personal property so descending
shall be owned as tenants in common.
(8) If there is no person mentioned in
subdivisions (1) through(7), then to the state.
IC 29-1-2-5 Kindred of half blood; inheritance
Sec. 5. Kindred of the half blood shall inherit the same share which they
would have inherited if they had been of the whole blood.
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