Legal Question in Wills and Trusts in Indiana

If a person dies without a will, how is the property divided?


Asked on 9/15/10, 9:05 am

1 Answer from Attorneys

Aaron Butler Aaron J. Butler, Attorney at Law

When a person dies without a will, they are said to have died "intestate." In Indiana, the passing of property intestate is governed by statute, in the Indiana probate coded. The general rules for intestate succession are found here:

http://www.in.gov/legislative/ic/code/title29/ar1/ch2.html

There are many detailed rules for how specific property is passed after death. Many bank accounts, retirement accounts, brokerage accounts and other assets have designated beneficiaries who become owners of this property after the death of the previous owner. Therefore, a will is irrelevant to this property.

Therefore, while the statute listed above is useful to get a general idea of what happens when there is no will, in order to determine how specific property will be divided, you should contact an attorney who practices estate law.

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Answered on 9/20/10, 9:15 am


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