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Indiana Intestacy Laws
These are selections from the Indiana intestate succession statutes.  (Title 29: Probate)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Indiana intestate succession statutes may be found in full by selecting this link.  (Title 29: Probate)


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