Get Section F-2000 - A Little More Early Help Indiana Intestate Succession And Rights Of Certain

Indiana allows for small estate exceptions, where any estate valued at less than $50,000 can avoid the probate process. There are specific details regarding property in real estate though, so you need to make sure you fully understand the process here.

The statute describes the following order for determining legal next-of-kin: Surviving spouse. Surviving adult children. Surviving parents.

Indiana allows for small estate exceptions, where any estate valued at less than $50,000 can avoid the probate process. There are specific details regarding property in real estate though, so you need to make sure you fully understand the process here.

Survived by spouse and at least one descendant from a previous spouse — spouse inherits one-half of your intestate personal property and 1/4 of the fair market value of your real estate, minus the value of any liens or encumbrances on that real estate. Descendants inherit everything else.

Intestate succession becomes the blueprint for the inheritance of a decedent's property should he or she die without having created one. Each state handles this scenario differently, though in Indiana, intestate heirs include everyone from your spouse and children to your aunts and uncles.

In Indiana, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

Inheritance hierarchy If none of those relatives can be identified, your assets could go to parents, grandparents, siblings, nephews, nieces—or even the state. "With no will or next of kin, your assets become escheated—which is just a fancy way of saying the state lays claim to them," Bob says.

For intestate estates that do not qualify as small estates, or need to be administered by the court for other reason, any interested party can petition the court to be appointed the executor--also called the personal representative.