Who Inherits If You Die Without a Will in Indiana

Surviving spouse: one-half of the net estate if the decedent left children or descendants of a deceased child; three-fourths if no descendants but a parent survives; everything if no descendants or parents. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives only 25% of the net value of the decedent's real estate (plus the usual share of personal property). The rest goes to descendants; with no spouse or descendants, to parents, siblings and descendants of deceased siblings (each parent receives at least one-fourth), then grandparents, then aunts, uncles and their descendants.

A surviving spouse may elect to take against the will and receive one-half of the net estate. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives one-third of the net personal estate plus 25% of the net value of the real estate. The election must be made within three months after the will is admitted to probate (or 30 days after a pending will contest ends).

If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate.