What Happens If You Die Without a Will?
In Indiana, if you pass away without a Last Will and Testament, your assets are divided among your heirs in accordance with Indiana Intestacy laws.
The list of heirs and the percentages they each receive is based on your family situation.
For example, if you are married and have children with your spouse, your spouse receives 50% and your children split the remainder. This changes if you don’t have children or if your children are from a prior marriage.
Unfortunately, telling someone your wishes does not change this outcome. Your assets are frozen at your death and can only be released by an order from a probate court or an affidavit, depending on the value of your estate.
In either instance, access requires carrying out the terms of your Will or, if none, distributing your assets in accordance with Indiana laws.
If you would like to know the path your assets will take under Indiana Intestacy laws, or if you would like to discuss the preparation of a Will, please contact a Beers Mallers estate planning attorney.
