charts show 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.
Married Man or Woman With Children And/Or Descendants of Children
Wife or Husband, One-Half
If this is second childless husband
or wife One-Half, and the child or descendant survives from decedents'
previous marriage, surviving spouse's share in real estate is
One-Fourth. Personal property share is same as all surviving spouses.
Children or their descendants, One-Half, divided
Grandchildren take only their deceased parent's
share. However, if no child survives, grandchildren take equally.
Married Man or Woman With One Child Or
Descendants Of One Child Only
Wife or husband, One-Half. If this is a second
childless 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.
Child or their descendants, One-Half.
Note: In all cases a surviving spouse
and minor children take certain rights in homestead. A surviving wife,
in addition, also takes $25,000 prior to division.
These are your heirs if you make no will.
Man or Woman Without Child, Children or Descendants
Survived by Parent or Parents:
Wife or Husband, Three-Fourths.
Parents, One-Fourth divided equally or to
survivor. If no parent survives, all to wife or husband.
Widow or Widower with Child, Children or
All to child or children and descendants.
Grandchildren take only their deceased parent's share. However, if no
child survives, grandchildren take equally.
LAW OFFICES OF
WILLIAMS DELANEY & SIMIKIN
48 SOUTH 7TH STREET
RICHMOND, IN 47374
TEL: (765) 966-1558
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 chart given
below which depicts your present family status.
Unmarried Man, Woman, Widow, or Widower Without
Child, Children, or Descendants
If Parents, Brothers, or Sisters Survives:
parent or parents. Brothers and sisters, and their descendants equally.
of each parent shall not be less than One-Fourth. Descendants of
brothers and sisters take only their deceased parent's share.
If no parents, brothers or sisters survive:
nieces and nephews, and their descendants equally.
Descendants of deceased nieces or
nephews take only their deceased parent's share.
If no parents, brothers, sisters, nieces or nephews
or their descendants survive:
the surviving grandparents, equally, or if none, then to their
descendants who are in the nearest degree of kinship to you.
IF NONE OF THE ABOVE SURVIVE
ALL TO THE STATE OF INDIANA