Understanding Intestate Succession in Indiana
When someone dies without a will in Indiana, the state’s intestacy laws fill the gap. Intestate succession allocates the decedent’s assets according to family ties. This article explains how distribution works when there is no surviving spouse and the decedent leaves two children.
Detailed Answer
1. What Is Intestate Succession?
Intestate succession is the legal process by which Indiana distributes a decedent’s property if no valid will exists. The court appoints a personal representative to collect assets, pay debts, and distribute the remainder to heirs under Indiana Code § 29-1-2-1.
2. Priority of Distribution
Indiana divides heirs into classes. The spouse and descendants rank first. If there is no surviving spouse but the decedent leaves descendants, the entire estate goes to those descendants:
- Under Indiana Code § 29-1-2-7, descendants inherit per stirpes (by representation). Each branch of the family receives an equal share.
3. Applying the Law to Two Children
When a decedent dies with no spouse and two surviving children:
- The court values the estate, including real estate, bank accounts, investments, and personal property.
- The personal representative pays valid debts, taxes, and administrative costs.
- After liabilities are cleared, Indiana Code § 29-1-2-7 directs an equal split between the two children. Each child receives 50% of the net estate.
4. Special Considerations
If one child predeceased the decedent but left children of their own, those grandchildren would take their parent’s share by representation. If the estate’s value falls below the small-estate threshold (currently $50,000), Indiana allows a simplified affidavit procedure instead of full probate. Check Indiana Code § 29-1-5-7 for details.
Helpful Hints
- Gather proof of relationship—birth certificates or adoption records—to confirm heirship.
- Compile a full inventory of assets and liabilities before filing probate documents.
- File a probate petition in the Superior or Circuit Court of the county where the decedent lived.
- Consider the small-estate affidavit process if the net estate is below $50,000 to save time and expense.
- Consult a probate attorney to ensure you follow procedural requirements and meet all deadlines.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. You should consult a qualified attorney to address your specific circumstances.