IC 29-1-2
    Chapter 2. Intestate Succession and Rights of Certain InterestedPersons

IC 29-1-2-1
Estate distribution
    Sec. 1. (a) The estate of a person dying intestate shall descend andbe distributed as provided in this section.
    (b) Except as otherwise provided in subsection (c), the survivingspouse shall receive the following share:
        (1) One-half (1/2) of the net estate if the intestate is survived byat least one (1) child or by the issue of at least one (1) deceasedchild.
        (2) Three-fourths (3/4) of the net estate, if there is no survivingissue, but the intestate is survived by one (1) or both of theintestate's parents.
        (3) All of the net estate, if there is no surviving issue or parent.
    (c) If the surviving spouse is a second or other subsequent spousewho did not at any time have children by the decedent, and thedecedent left surviving the decedent a child or children or thedescendants of a child or children by a previous spouse, the survivingsecond or subsequent childless spouse shall take only an amountequal to twenty-five percent (25%) of the remainder of:
        (1) the fair market value as of the date of death of the realproperty of the deceased spouse; minus
        (2) the value of the liens and encumbrances on the real propertyof the deceased spouse.
The fee shall, at the decedent's death, vest at once in the decedent'ssurviving child or children, or the descendants of the decedent's childor children who may be dead. A second or subsequent childlessspouse described in this subsection shall, however, receive the sameshare of the personal property of the decedent as is provided insubsection (b) with respect to surviving spouses generally.
    (d) The share of the net estate not distributable to the survivingspouse, or the entire net estate if there is no surviving spouse, shalldescend and be distributed as follows:
        (1) To the issue of the intestate, if they are all of the samedegree of kinship to the intestate, they shall take equally, or ifof unequal degree, then those of more remote degrees shall takeby representation.
        (2) Except as provided in subsection (e), if there is a survivingspouse but no surviving issue of the intestate, then to thesurviving parents of the intestate.
        (3) Except as provided in subsection (e), if there is no survivingspouse or issue of the intestate, then to the surviving parents,brothers, and sisters, and the issue of deceased brothers andsisters of the intestate. Each living parent of the intestate shallbe treated as of the same degree as a brother or sister and shallbe entitled to the same share as a brother or sister. However, theshare of each parent shall be not less than one-fourth (1/4) of

the decedent's net estate. Issue of deceased brothers and sistersshall take by representation.
        (4) If there is no surviving parent or brother or sister of theintestate, then to the issue of brothers and sisters. If thedistributees described in this subdivision are all in the samedegree of kinship to the intestate, they shall take equally or, ifof unequal degree, then those of more remote degrees shall takeby representation.
        (5) If there is no surviving issue or parent of the intestate orissue of a parent, then to the surviving grandparents of theintestate equally.
        (6) If there is no surviving issue or parent or issue of a parent,or grandparent of the intestate, then the estate of the decedentshall be divided into that number of shares equal to the sum of:
            (A) the number of brothers and sisters of the decedent'sparents surviving the decedent; plus
            (B) the number of deceased brothers and sisters of thedecedent's parents leaving issue surviving both them and thedecedent;
        and one (1) of the shares shall pass to each of the brothers andsisters of the decedent's parents or their respective issue perstirpes.
        (7) If interests in real estate go to a husband and wife under thissubsection, the aggregate interests so descending shall beowned by them as tenants by the entireties. Interests in personalproperty so descending shall be owned as tenants in common.
        (8) If there is no person mentioned in subdivisions (1) through(7), then to the state.
    (e) A parent may not receive an intestate share of the estate of theparent's minor or adult child if the parent was convicted of causingthe death of the child's other parent by:
        (1) murder (IC 35-42-1-1);
        (2) voluntary manslaughter (IC 35-42-1-3);
        (3) another criminal act, if the death does not result from theoperation of a vehicle; or
        (4) a crime in any other jurisdiction in which the elements ofthe crime are substantially similar to the elements of a crimelisted in subdivisions (1) through (3).
If a parent is disqualified from receiving an intestate share under thissubsection, the estate of the deceased child shall be distributed asthough the parent had predeceased the child.
(Formerly: Acts 1953, c.112, s.201; Acts 1965, c.405, s.1.) Asamended by P.L.283-1987, SEC.1; P.L.5-1988, SEC.154;P.L.167-1988, SEC.1; P.L.176-2003, SEC.3; P.L.238-2005, SEC.3;P.L.61-2006, SEC.1; P.L.101-2008, SEC.5; P.L.1-2009, SEC.151;P.L.143-2009, SEC.8.

IC 29-1-2-2
Repealed
    (Repealed by P.L.176-2003, SEC.7.)
IC 29-1-2-3
Repealed
    (Repealed by Acts 1973, P.L.288, SEC.2.)

IC 29-1-2-3.1
Wife's interest in real property by reason of marriage;extinguishment
    Sec. 3.1. A married man may, in his own name as if he wereunmarried, sell, barter, exchange, mortgage, lease, contract to sell,convey or execute any instrument, contract or commitment of anykind whatsoever affecting or in relation to his real property, and thedeed, mortgage, lease or other instrument, contract or commitmentso executed by a married man without the joinder or assent of hiswife shall have the same effect as if it had been executed by thehusband joined by his competent wife. Any such act or instrument,or any sale, disposition, transfer or encumbrance of the husband'sreal property by virtue of any decree, execution or mortgage, eventhough the wife is not a party thereto, shall extinguish the right of thewife to her one-third of any of said real property and shall extinguishany other right, choate or inchoate, of the wife in said real propertywhich arose or could arise by reason of the marital relationship.
(Formerly: Acts 1973, P.L.288, SEC.1.)

IC 29-1-2-4
Part not disposed of by will
    Sec. 4. If part but not all of the estate of a decedent is validlydisposed of by will, the part not disposed of by will shall bedistributed as provided herein for intestate estates.
(Formerly: Acts 1953, c.112, s.204.)

IC 29-1-2-5
Kindred of half blood; inheritance
    Sec. 5. Kindred of the half blood shall inherit the same sharewhich they would have inherited if they had been of the whole blood.
(Formerly: Acts 1953, c.112, s.205.)

IC 29-1-2-6
Afterborn children; inheritance
    Sec. 6. Descendants of the intestate, begotten before his death butborn thereafter, shall inherit as if they had been born in the lifetimeof the intestate and had survived him. With this exception, thedescent and distribution of intestate estates shall be determined bythe relationships existing at the time of the death of the intestate.
(Formerly: Acts 1953, c.112, s.206.)

IC 29-1-2-7
Illegitimate children; inheritance
    Sec. 7. (a) For the purpose of inheritance (on the maternal side)to, through, and from a child born out of wedlock, the child shall betreated as if the child's mother were married to the child's father at

the time of the child's birth, so that the child and the child's issueshall inherit from the child's mother and from the child's maternalkindred, both descendants and collaterals, in all degrees, and theymay inherit from the child. The child shall also be treated as if thechild's mother were married to the child's father at the time of thechild's birth, for the purpose of determining homestead rights and themaking of family allowances.
    (b) For the purpose of inheritance (on the paternal side) to,through, and from a child born out of wedlock, the child shall betreated as if the child's father were married to the child's mother atthe time of the child's birth, if one (1) of the following requirementsis met:
        (1) The paternity of a child who was at least twenty (20) yearsof age when the father died has been established by law in acause of action that is filed during the father's lifetime.
        (2) The paternity of a child who was less than twenty (20) yearsof age when the father died has been established by law in acause of action that is filed:
            (A) during the father's lifetime; or
            (B) within five (5) months after the father's death.
        (3) The paternity of a child born after the father died has beenestablished by law in a cause of action that is filed withineleven (11) months after the father's death.
        (4) The putative father marries the mother of the child andacknowledges the child to be his own.
        (5) The putative father executes a paternity affidavit as set forthin IC 16-37-2-2.1.
    (c) The testimony of the mother may be received in evidence toestablish such paternity and acknowledgment, but no judgment shallbe made upon the evidence of the mother alone. The evidence of themother must be supported by corroborative evidence orcircumstances.
    (d) If paternity is established as described in this section, the childshall be treated as if the child's father were married to the child'smother at the time of the child's birth, so that the child and the child'sissue shall inherit from the child's father and from the child's paternalkindred, both descendants and collateral, in all degrees, and they mayinherit from the child. The child shall also be treated as if the child'sfather were married to the child's mother at the time of the child'sbirth, for the purpose of determining homestead rights and themaking of family allowances.
(Formerly: Acts 1953, c.112, s.207.) As amended by P.L.50-1987,SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002,SEC.4.

IC 29-1-2-8
Adopted children; inheritance
    Sec. 8. For all purposes of intestate succession, includingsuccession by, through, or from a person, both lineal and collateral,an adopted child shall be treated as a natural child of the child's

adopting parents, and the child shall cease to be treated as a child ofthe natural parents and of any previous adopting parents. However,if a natural parent of a child born in or out of wedlock marries theadopting parent, the adopted child shall inherit from the child'snatural parent as though the child had not been adopted, and from thechild's adoptive parent as though the child were the natural child. Inaddition, if a person who is related to a child within the sixth degreeadopts such child, such child shall upon the occasion of each deathin the child's family have the right of inheritance through the child'snatural parents or adopting parents, whichever is greater in value ineach case.
(Formerly: Acts 1953, c.112, s.208; Acts 1961, c.267, s.1; Acts 1965,c.405, s.2; Acts 1969, c.254, s.1.) As amended by P.L.152-1987,SEC.9.

IC 29-1-2-9
Relationship through two lines; share
    Sec. 9. A person who is related to the intestate through two (2)lines of relationship, though under either one alone he might claimas next of kin, shall, nevertheless, be entitled to only one (1) sharewhich shall be the share based on the relationship which wouldentitle him to the larger share.
(Formerly: Acts 1953, c.112, s.209.)

IC 29-1-2-10
Advancements; gratuitous inter vivos transfer
    Sec. 10. (a) If a person dies intestate as to all his estate, propertywhich he gave in his lifetime to any person who, if the intestate haddied at the time of making the gift, would be entitled to inherit a partof his estate, shall be treated as an advancement against the heir'sintestate share only if:
        (1) the decedent declared in a writing or the heir acknowledgedin a writing that the gift is an advancement; or
        (2) the decedent's writing or the heir's written acknowledgmentotherwise indicates that the gift is to be taken into account incomputing the division and distribution of the decedent'sintestate estate.
To the extent that the advancement does not exceed the intestateshare the advancement shall be taken into account in computing theestate to be distributed. Every gratuitous inter vivos transfer isdeemed to be an absolute gift and not an advancement unless shownto be an advancement.
    (b) The advancement shall be considered as of its value at thetime when the advancee came into possession or enjoyment or at thetime of the death of the intestate, whichever first occurs.
    (c) If the advancee dies before the intestate, leaving a lineal heirwho takes from the intestate, the advancement shall be taken intoaccount in the same manner as if it had been made directly to suchheir. If such heir is entitled to a lesser share in the estate than theadvancee would have been entitled to had he survived the intestate,

then the heir shall only be charged with such proportion of theadvancement as the amount he would have inherited, had there beenno advancement, bears to the amount which the advancee would haveinherited, had there been no advancement.
(Formerly: Acts 1953, c.112, s.210.) As amended by P.L.118-1997,SEC.10.

IC 29-1-2-11
Dower and curtesy abolished
    Sec. 11. The estates of dower and curtesy are hereby abolished.
(Formerly: Acts 1953, c.112, s.211.)

IC 29-1-2-12
Repealed
    (Repealed by P.L.147-1984, SEC.2.)

IC 29-1-2-12.1
Constructive trust
    Sec. 12.1. (a) A person is a constructive trustee of any propertythat is acquired by the person or that the person is otherwise entitledto receive as a result of an individual's death, including property froma trust, if that person has been found guilty, or guilty but mentally ill,of murder, causing suicide, or voluntary manslaughter, because of theindividual's death. A judgment of conviction is conclusive in asubsequent civil action to have the person declared a constructivetrustee.
    (b) A civil action may be initiated to have a person declared aconstructive trustee of property that is acquired by the person, or thatthe person is otherwise entitled to receive, including property froma trust, as a result of an individual's death, if:
        (1) the person has been charged with murder, causing suicide,or voluntary manslaughter, because of the individual's death;and
        (2) the person has been found not responsible by reason ofinsanity at the time of the crime.
If a civil action is initiated under this subsection, the court shalldeclare that the person is a constructive trustee of the property if bya preponderance of the evidence it is determined that the personkilled or caused the suicide of the individual.
    (c) If a constructive trust is established under this section, theproperty that is subject to the trust may be used only to benefit thosepersons, other than the constructive trustee, legally entitled to theproperty, determined as if the constructive trustee had diedimmediately before the decedent. However, if any property that theconstructive trustee acquired as a result of the decedent's death hasbeen sold to an innocent purchaser for value who acted in good faith,that property is no longer subject to the constructive trust, but theproperty received from the purchaser under the transaction becomessubject to the constructive trust.
As added by P.L.147-1984, SEC.1. Amended by P.L.272-1985,

SEC.1; P.L.238-2005, SEC.4.

IC 29-1-2-13
Waiver; intestate share
    Sec. 13. (a) The intestate share or other expectancy to which thespouse or any other heir is entitled may be waived at any time by awritten contract, agreement or waiver signed by the party waivingsuch share or expectancy. The promise of marriage, in the absenceof fraud, is sufficient consideration in the case of an agreement madebefore marriage. In all other cases such contract, an agreement orwaiver is binding upon the parties to the agreement if executed aftera full disclosure of the nature and extent of such right, and if thething or promise given to such party is a fair consideration under allthe circumstances.
    (b) Except as otherwise provided in the agreement, a waiverexecuted by the decedent's spouse is considered a waiver of the rightto elect to take against the decedent's will. The written agreementmay be filed in the same manner as is provided for the filing of anelection under IC 29-1-3-3.
(Formerly: Acts 1953, c.112, s.213.) As amended by Acts 1982,P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.

IC 29-1-2-14
Adultery; forfeiture of rights to estate or trust
    Sec. 14. If either a husband or wife shall have left the other andshall be living at the time of his or her death in adultery, he or she asthe case may be shall take no part of the estate or trust of thedeceased husband or wife.
(Formerly: Acts 1953, c.112, s.214.) As amended by P.L.238-2005,SEC.5.

IC 29-1-2-15
Abandonment; forfeiture of rights to estate or trust
    Sec. 15. If a person shall abandon his or her spouse without justcause, he or she shall take no part of his or her estate or trust.
(Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1.) Asamended by P.L.238-2005, SEC.6.