The following shows the basis for the division and distribution of property, as set forth in the Indiana Probate Code, in all cases in which residents of Indiana or persons owning real estate in Indiana die without leaving a will.
The persons who would receive your property, after debts, expenses and family allotments are paid, and their respective shares in your property, if you leave no will, are fixed by the provisions of the Probate Code, and are shown in the particular section below which depicts your present family status.
Note: A surviving spouse of a decedent who was domiciled in
Indiana at death is entitled from the estate to an allowance of
$25,000.00 in personal property. If only dependant children of
the decedent survive, they are entitled to the $25,000.00
allowance divided equally. If personal property is insufficient,
real estate may be used to make up the difference to the extent
necessary. This allowance is not chargeable against the
distributive shares of either surviving wife or husband or
children.
If this is a childless second husband or wife, and child or descendant survives from decedent’s previous marriage, surviving spouse’s share in real estate is one-third for life only. Grandchildren take only their deceased parent’s share. However, if no child survives, grandchildren take equally.
![]() | If none of the above survive you: All to the State of Indiana |