When Someone Dies Without a Will
IC 29-1-2-1 — a spouse takes half with children, three fourths with only parents, and all otherwise
| The person left a spouse and | The spouse's share of the net estate |
|---|---|
| The person left a spouse andAt least one child, or descendants of one | The spouse's share of the net estateOne half |
| The person left a spouse andNo descendants, but one or both parents | The spouse's share of the net estateThree fourths |
| The person left a spouse andNo descendants and no parents | The spouse's share of the net estateAll of it |
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
What the spouse does not take goes to the children and their descendants; with none, to the parents, brothers and sisters, each parent taking at least one fourth; then to nieces and nephews, then grandparents, then aunts and uncles, and finally the state.
A second or later spouse who had no children with the person, where the person left children from an earlier marriage, takes the general share of personal property but only 25 percent of the real property's net value.
Sources for this section (1)
- IC 29-1-2-1 — Estate distribution
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.