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If there are no other conflicting statutes or requirements, the estate attorney may be able to use a devolution-type of affidavit to show the legal transfer of ownership from the person who died to that person's heirs as a matter of law without the need to use the probate system.
Section 29-1-7-23 - Real and personal property; devolution; prima facie evidence (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's ...
Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000).
Code § 29-1-2-1. Adultery or abandonment. If you are separated from your spouse and "living in adultery" at the time of your spouse's death, or if you have abandoned your spouse without just cause, you will not receive a share of your spouse's estate. Ind.
(13) ?Heirs? denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate, unless otherwise defined or limited by the will.
Indiana residents can use a transfer-on-death form to name beneficiaries for vehicles, securities, and real estate to bypass probate. Cars, small boats, stocks, bonds, brokerage accounts, land, and houses all qualify.
If there are no children but you're survived by parents, your spouse would receive 75 percent of the estate and your parents receive 25 percent. When there are no surviving children or parents, your spouse inherits everything.