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.
(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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