The LAW OFFICE of CLARK A. REMINGTON

Indiana Wills & Trusts, Estate Planning Attorney, Valparaiso, IN.

Indiana Examples of Intestate Succession

Here are a few examples of how the rules of intestate succession operate in Indiana:

If, for example, you have no surviving spouse, both parents survive you, and three siblings survive you (and you have no other sibling that failed to survive you) then under the Indiana law of intestate succession your probate estate would be distributed one fourth to each of your parents and one sixth to each of your three siblings. If, to take another example, you have no surviving spouse, one surviving parent, two surviving siblings, and one sibling who died but who had two children who survived your death, then the division would be one fourth to your one surviving parent, one fourth to each of your two surviving siblings, and one fourth divided equally between the two children of your deceased sibling.

If you have a spouse and at least one parent who survive you, but no descendants, then three quarters of the estate goes to your spouse, with the remaining quarter going to your surviving parent or parents. If you have descendants but no surviving spouse, then the entire probate estate goes to your descendants. If you have both a surviving spouse and descendants, then the probate estate is distributed half to your spouse and half to your descendants (unless your surviving spouse never had children and your descendants are children of a prior spouse, in which case it is a bit more complicated).

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