What happens if there is no will?
In Indiana, if a person dies without a will in place – a condition referred to as ‘intestacy’ – their assets and property are distributed according to the laws of intestacy. These laws are determined by the Indiana state legislature and they lay out how the deceased’s assets will be divided amongst their relatives and heirs. In most cases, if a person dies without a will in Indiana, their assets will be divided amongst their spouses, children, and other relatives in a certain order. The law states that the deceased’s surviving spouse will receive the first share of the estate. After the spouse, the deceased’s children will receive a certain percentage of the estate. Beyond that, other relatives such as siblings, parents, and grandparents will receive a portion of the estate in a certain order. In cases of intestacy, a court may also appoint an administrator to oversee the distribution of the deceased’s assets. This administrator will play an important role in ensuring that the estate is handled in accordance with the laws of intestacy and that the deceased’s assets are distributed to the correct people. Without a will, the distribution of assets is ultimately left in the hands of the state. A will allows a person to decide how their property and assets will be distributed after their death and gives more control to the deceased and their family. Therefore, it is important for people to plan ahead and create a valid will to ensure that their wishes are followed in the event of their passing.
Related FAQs
What is the difference between an executor and a trustee?How are disputes resolved during probate?
How are creditors paid in probate?
What is a guardianship?
What happens when someone dies without a will?
What are the steps involved in the probate process?
What is an executor's commission?
What is a probate bond?
What happens if an estate cannot pay its debts?
Can an executor be removed?
Related Blog Posts
What You Should Know About Probate Law - July 31, 2023Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023