The intestacey section of the Indiana Probate Code governs the division of property for persons who die owning real estate and do not have a will. Assets are divided as follows:

Married Person with Child/Children
• One-half to surviving spouse
• One-half to child/children, divided equally
• Grandchildren take only their deceased parent's share

Married Person with No Child/Children or Descendants of Children
• Three-quarters to surviving spouse
• One-quarter to surviving parents, divided equally, or to survivor
• If no surviving parent, then entire estate to surviving spouse

Widow, Widower with Child, Children, or Descendants
• All to child, children, and their descendants
• Grandchildren take only their deceased parent’s share

Widow, Widower, Single Person, with No Child or Children or Descendants of Children
• All to surviving parents, brothers, and sisters, divided equally
• Each surviving parent is entitled to a minimum share of one-fourth of the estate

Widow, Widower, Single Person, with No Child or Children or Descendants of Children, nor Surviving Parent, Brother, or Sister
• All to descendants of brothers and sisters

This information is not designed, meant, nor does it constitute the rendering of legal advice. You should consult with an attorney and tax advisors before implementing any strategy discussed here.