IC 29-1-2-1 Estate; distribution
(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
(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
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