IN risk area

Intestacy risk in Indiana

How assets are distributed when there is no will and state default rules control the outcome.

Indiana intestacy gives a surviving spouse a share based on whether descendants or parents survive, with special limits for certain second spouses.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If the decedent is survived by descendants, the spouse receives one-half of the net estate.
If there are no descendants but one or both parents survive, the spouse receives three-fourths of the net estate.
If there are no descendants or parents, the spouse receives the entire net estate.
A second or subsequent spouse with no children by the decedent may receive a limited real-property share, with the remainder to the decedent’s descendants.

Questions to consider

State overview

Indiana intestacy gives a surviving spouse a share based on whether descendants or parents survive, with special limits for certain second spouses.

If the decedent is survived by descendants, the spouse receives one-half of the net estate.
If there are no descendants but one or both parents survive, the spouse receives three-fourths of the net estate.
If there are no descendants or parents, the spouse receives the entire net estate.
A second or subsequent spouse with no children by the decedent may receive a limited real-property share, with the remainder to the decedent’s descendants.
An heir must survive the decedent by 120 hours to inherit under intestacy.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in Indiana.