Indiana Wrongful Death Laws

  • If someone dies without a will in Indiana, the assets of the deceased person will go to the closest relatives under state “intestate succession” laws. Only the assets that would have passed through a will are affected by intestate succession laws.

    Read the following to understand intestacy laws in Indiana:

    • If the deceased leaves behind children but no spouse, the children inherit all of the estate.
    • If the deceased leaves behind a spouse but no descendants or parents, the spouse inherits all of the estate.
    • If the deceased leaves behind a spouse and descendants from the deceased and the spouse, the spouse inherits 1/2 of the intestate property. The descendants inherit 1/2 of the intestate property.
    • If the deceased leaves behind a spouse and at least one descendant from a previous spouse, the spouse inherits 1/2 of the intestate property and 1/4 of the fair market value of your real estate, minus the value of any claims on that real estate. The descendants inherit the remainder of the estate.
    • If the deceased leaves behind a spouse and parents, the spouse inherits 3/4 of the intestate property. The parents inherit 1/4 of the intestate property.
    • If the deceased leaves behind parents but no spouse or descendants, the parents inherit the entire estate.
    • If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings inherit the entire estate.

    To learn more about intestacy law in Indiana, visit www.nolo.com.

    If you or someone you know is dealing with the loss of a loved one and their estate, contact the Meyerson O’Neill law firm today at 877-373-8059

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