Have you said or have you heard someone else say something like, “When I die, all of my assets will go to my spouse and then my children, so I don’t need to worry about doing a will.” This is a very common misconception. And it can lead to confusion, disagreements, costs, and ultimately that your wishes may never be truly followed. What if you now find yourself in a situation where your loved one or your friend has died, and you must now figure out the next steps.

Indiana, like most states, has rules that govern how a person’s assets are to be distributed within the context of probate (court) administration upon their death if they have not planned ahead with a Last Will and Testament. It is called intestate (meaning without a Last Will and Testament) succession, and it is found under Indiana Code § 29-1-2-1. Under Indiana’s intestate law, the surviving spouse does not simply inherit everything if the decedent (the person who died) had children. And it becomes even murkier if the decedent is survived by children from a previous marriage.

Additionally, Indiana’s intestate law only governs distributions of assets within the context of probate (court) administration. Designating beneficiaries on your assets can be a great way to avoid probate upon your death. However, such beneficiary designations are not generally subject to Indiana’s intestate law.

A skilled probate attorney can help you navigate the complexities that come after a loved one or a friend has died without a plan. First, by helping you differentiate the difference between those assets requiring a probate transfer and those assets not requiring a probate transfer. Second, if probate administration becomes necessary, to represent you through the entire probate administration process with proper adherence to Indiana law.

This article is for informational purposes only and does not constitute legal advice.

Posted in Estate Administration, Wills Trusts & Estate Planning

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