Intestate Succession in Indiana
State-specific overview · Estate & Probate
Indiana grants the surviving spouse the entire estate unless children from a prior relationship exist, then the spouse receives one-half.
How Indiana treats Intestate Succession
Indiana's intestate succession prioritizes the surviving spouse. If the deceased has no children, the spouse inherits everything. If children exist, the spouse receives one-half of the estate and the children share the other half equally. If there is no spouse, the estate passes to children in equal shares, then to parents, then to siblings. Indiana law treats all children equally regardless of whether they are from the current or prior relationships.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.