Indiana Living Trust

Indiana Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 12, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Indiana — exactly who inherits under Indiana’s intestate-succession law, and what surprises families most. All shares are from Indiana statute, verified as of June 2026.

Who Inherits When There Is No Will in Indiana

Here is exactly how Indiana divides an estate when there is no will:

If the person leaves… Who inherits in Indiana
Spouse, no children The surviving spouse inherits the entire net estate if there are no surviving children/descendants AND no surviving parents. If one or both parents survive but there are no children/descendants, the spouse receives 3/4 of the net estate and the surviving parent(s) receive 1/4.
Spouse + shared children The surviving spouse receives 1/2 of the net estate. The children split the remaining 1/2 equally; if a child predeceased the decedent but left descendants, those descendants take that child’s share by representation.
Spouse + children from another relationship If the surviving spouse is a second or subsequent spouse who never had children with the decedent, and the decedent left children from a prior relationship, the spouse receives 1/2 of the net personal property estate but only 25 percent of the net fair market value of the decedent’s real property (fair market value at date of death minus liens and encumbrances). The children split the remainder. For real property this is a significant reduction from the normal 1/2 share. This rule is found in IC 29-1-2-1(c).
Children, no spouse The children inherit the entire net estate in equal shares. If a child predeceased the decedent but left surviving descendants, those descendants take that child’s share by representation.
No spouse, no children The estate passes in this order: (1) surviving parent(s) equally; (2) siblings and descendants of deceased siblings by representation; (3) grandparents equally; (4) aunts and uncles and their descendants per stirpes; (5) great-grandparents and their descendants; (6) more remote ancestors and their descendants, generation by generation. Each class takes only if no one in a higher-priority class survives.
No living relatives (escheat) The estate escheats to the State of Indiana only if there is absolutely no heir in any class — no spouse, no descendants, no parents, no siblings or their descendants, no grandparents, no aunts/uncles or their descendants, and no more remote ancestors or their descendants.

These shares come from Indiana intestate-succession law (Indiana Code 29-1-2-1 (IC 29-1-2-1, “Descent and distribution of estate”)).

How Indiana divides shares among descendants: Indiana uses “by representation” for descendants and siblings’ descendants (those of equal degree share equally; those of more remote degree step into their deceased ancestor’s share). For aunts/uncles and their descendants, the statute explicitly uses “per stirpes.” In practice, Indiana’s by-representation method functions similarly to a modified per stirpes system.

Indiana homestead and family allowance: Indiana does not have a separate homestead allowance. Instead, IC 29-1-4-1 provides a family allowance of 25000 to the surviving spouse, taken from personal property, real property, or a combination, at the spouse’s election filed within 90 days of the order commencing estate administration. If there is no surviving spouse, the decedent’s children under age 18 share that same 25000 allowance equally.

This allowance is not charged against the distributive share — it comes off the top of the estate before distribution.

Half-blood relatives in Indiana: Under IC 29-1-2-5, kindred of the half blood inherit the same share they would have inherited if they had been of the whole blood. Half-siblings and other half-blood relatives are treated identically to full-blood relatives with no reduction.

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Assets That Pass Outside Indiana Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), jointly held property with right of survivorship, and assets in a trust pass outside Indiana intestate succession rules and are not governed by IC 29-1-2-1. Only probate assets — those owned solely in the decedent’s name with no beneficiary designation — are distributed under the intestacy statute.

Other Indiana intestacy rules: IC 29-1-2-1(c) is a distinctive Indiana rule: a second or subsequent spouse who never had children with the decedent receives only 25 percent of the net value of real property (instead of the standard 1/2), while children from a prior relationship receive the remaining 75 percent of real property. This “second spouse real property reduction” is unusual among states.

Also, under IC 29-1-2-6, a child conceived before but born after the decedent’s death inherits as if born during the decedent’s lifetime.

Under IC 29-1-2-7, a child born out of wedlock may inherit from the father if paternity was established by marriage, affidavit, or court order (with specific age-based time limits for filing paternity actions after death — within 5 months if the child is under 20, or within 11 months if born after death).

What Dying Without a Will in Indiana Really Means

When someone dies without a will in Indiana, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Indiana divides an estate when someone is dying without a will in Indiana, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Indiana helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Indiana depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Indiana, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Indiana Sources & Resources

This Indiana intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Indiana Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.