Now here are some definitions that are important to know to understand the above table and before reading on any further:
- Intestate succession: Becomes the blueprint for the inheritance of a decedent’s property should he or she die without having created one.
- Supervised probate: This form of probate is the most hands-on and calls for court approval for any inheritances or other distributions of the estate.
- Small estate: Estates containing property worth less than $100,000 in total can skip probate, although this does not include any real estate of the decedent.
- Unsupervised probate: This is essentially an in-between and requires much less court attention than supervised probate. However, the estate executor and all heirs must consent to this form of probate.
- Per Stirpes: Generally refers to every person lower down in a family tree, so spouses are generally excluded.
- Escheatment: The process by which the state will absorb your property and take ownership of it should there be no valid person to receive it.
Dying With A Will in Indiana
For a will to be considered valid under Indiana inheritance laws, it must not only be handwritten or printed, but also contain the decedent’s signature along with those of two witnesses or notarized and being of sound mind. Anyone who creates a will that meets these requirements leaves behind what’s considered a “testate” estate. This is undoubtedly the most ideal situation, as it affords the highest level of inheritance control to the decedent, allowing his or her personal wishes to dictate who receives his or her property after death. An executor, sometimes called a personal representative and appointed through the decedent’s will, is essentially the manager of an estate. Duties for this position include paying off debts the decedent never took care of, distributing property to heirs and overseeing all final expenses.
But let's say you have a Will but no Executor was named. Or the Executor is unable or unwilling to take on the responsibility. Then what?
If there is no named executor, a person, usually a friend, family member or another interested party, may come forward and petition the court to become the administrator of the estate by obtaining letters of administration. If no one comes forward on their own, the court may ask a person to serve as an administrator. The person must formally accept this responsibility and always has the option to reject the request. Otherwise, the court my appoint the next of kin or "per stirpes" in this case.
Dying Without a Will in Indiana
In Indiana, intestate heirs include everyone from your spouse and children to your aunts and uncles. The property the decedent owned gets split up into real property and personal property. Homes and any land are real property, while personal property is anything else, like your car and jewelry. Depending on who survives you, these items are inherited in varying percentages for different people. (Refer to the tables above)
The Probate Process in Indiana Inheritance Law
Probate was added into Indiana inheritance laws to protect the last wishes of a decedent, whether he or she had a testate will or not. If a decedent died intestate, the court will try to ensure proper intestate succession. Ultimately, though, the value of the estate governs how the court system will handle it. These options include:
- Supervised probate: This form of probate is the most hands-on and calls for court approval for any inheritances or other distributions of the estate.
- Small estate: Estates containing property worth less than $100,000 in total can skip probate, although this does not include any real estate of the decedent.
- Unsupervised probate: This is essentially an in-between and requires much less court attention than supervised probate. However, the estate executor and all heirs must consent to this form of probate.
Non-Probate Indiana Inheritance
While the probate process isn’t necessary for every estate in Indiana, a sizable portion of them will be forced to go before the court. However, there are certain assets of a decedent that will skip past this process, as they already have heirs or beneficiaries chosen. These include:
- Life insurance
- Retirement accounts, like an IRA
- Transfer-on-death vehicle titles, investments and real estate
- Joint tenancy real estate
- Living trust property
- Pay-on-death bank accounts
Other Situations in Indiana Inheritance Law
Should an Indiana child’s parent be convicted of murder, voluntary manslaughter or another criminal act that caused the death of his or her other parent, the surviving parent will not be allowed to inherit from his or her child’s estate, according to Indiana inheritance laws.
As is the case in the majority of U.S. states, half-blood relatives have the same exact rights as any full-blood relative of a decedent, according to Indiana inheritance laws.
The immigration status of any would-be Indiana heir is irrelevant in the eyes of state law. Therefore any individual can inherit, regardless of whether he or she is an illegal alien or non-U.S. citizen.
If a relative became pregnant with a possible heir to your intestate estate before you died, and that child is born afterwards, he or she will inherit as if he or she had been alive when you passed, according to Indiana inheritance laws.
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