Child Probate Lawyer: What Is a Child Entitled To When a Parent Dies Without a Will in Indiana?

When a parent passes away without a valid will—legally referred to as dying “intestate”—Indiana law governs how the estate is distributed. This can be complex and emotional for children left behind. Without clear instructions from the deceased parent, families often have questions about legal rights, inheritance, and what steps must be taken.

At Mattox & Wilson, we understand how overwhelming these matters can be. This blog post provides a comprehensive explanation of what a child is entitled to when a parent dies without a will in Indiana, including how intestate succession works, what probate involves, and how children can protect their legal interests during this process.

If you’ve lost a parent and are unsure of your rights as a child heir in Indiana, don’t navigate probate alone. Contact Mattox & Wilson today at 812-944-8005 to schedule a consultation with an experienced probate attorney who will help protect your family’s interests and guide you through every step of the process.

Introduction to Estate Planning

Estate planning is an essential step for anyone who wants to ensure their assets are distributed according to their wishes after death. By creating a comprehensive estate plan, you can provide for your loved ones, minimize potential conflicts, and make the legal process smoother for your family.

The estate planning process typically involves preparing important documents such as a last will and testament, establishing trusts, and designating powers of attorney. Indiana estate planning lawyers are experienced in guiding clients through each stage of this process, helping you make informed decisions about your estate and assets. With thoughtful estate planning, you can protect your family’s future and have peace of mind knowing your wishes will be honored.

How Is An Inheritance Determined in Indiana If There Was No Will?

When someone passes away without leaving a will, Indiana’s intestate succession laws control how their property is divided. These rules, found in the Indiana Probate Code, are designed to prioritize close family members—but they often leave children and surviving spouses with important questions.

In these cases, the estate is subject to probate, and assets are distributed according to state law:

• If there is no surviving spouse: The children inherit 100% of the estate, divided equally among them.
• If there is a surviving spouse and children: The estate is generally split, with the spouse receiving one-half and the children sharing the other half equally.
• Per stirpes distribution: If a child passes away before the parent, that child’s share is passed down to their own children (the decedent’s grandchildren).

Because these laws apply automatically, disputes can arise among family members—especially in blended families or when significant assets are involved. Having a probate lawyer can help ensure the process is handled fairly and according to Indiana law.

Who Is Considered a Child Under Indiana Law?

Understanding who qualifies as a “child” is crucial to determining inheritance rights. Indiana law includes the following categories:

• Biological Children: Automatically entitled to a share of the estate.
• Adopted Children: Treated the same as biological children under intestate laws.
• Children Born Out of Wedlock: Entitled to inherit if legal paternity was established during the parent’s lifetime or through timely court action after death.
• Posthumous Children: Children conceived before but born after the parent’s death are entitled to inherit.
• Stepchildren and Foster Children: Do not automatically inherit unless legally adopted by the deceased.

Common Inheritance Scenarios

Here are typical scenarios involving children when a parent dies intestate:

These rules apply unless the estate qualifies for a small estate affidavit or simplified probate process.

What Is Probate?

When someone dies without a will, their estate typically goes through probate. Probate is the court-supervised process of gathering a deceased person’s assets, paying debts and taxes, and distributing the remainder to heirs.

In intestate cases:

• The court appoints a personal representative (sometimes referred to as an administrator or executor). Executors serve an important role in estate administration.
• This representative must identify and inventory the estate, pay off liabilities, including settling debts and notifying creditors, and ensure proper distribution of remaining assets according to state law.
• Children may be contacted as heirs and must be included in court filings.

Depending on the size and complexity of the decedent’s estate, Indiana allows for both supervised and unsupervised probate. For small estates (valued below a certain threshold), a simplified process may be available. The length of probate varies depending on the complexity of the decedent’s estate and other factors.

Minor Children and Guardianship

If the deceased parent had minor children and no will, the probate court may also be responsible for appointing a guardian. The court often considers appointing a trusted family member or close friend to serve as guardian. This can be a sensitive and significant matter for families, particularly if multiple relatives seek custody.

Additionally:

• Guardians may be appointed to manage inherited assets and serve in responsibilities involving such matters until a child turns 18.
• A court may require bond and annual accounting to ensure funds are used appropriately.

If the deceased parent left no clear instructions regarding the care of minor children, the court’s decision will be based on the best interests of the child.

Special Situations That May Affect Inheritance

Several special circumstances may impact what a child is entitled to:

• Disputes Over Paternity: Children born outside of marriage may need to establish paternity to claim their share.
• Estranged or Unknown Children: A child’s legal status does not depend on their relationship with the parent at the time of death.
• Escheat to the State: If no legal heirs are found, the estate may ultimately pass to the State of Indiana.
• Disqualification for Misconduct: Under Indiana law, heirs may be disqualified from inheriting if they were involved in the decedent’s death or engaged in certain misconduct.

Why Legal Guidance Matters In Cases Involving Child Inheritances Governed By Intestacy Laws

Even though intestate succession laws provide a basic framework, each family’s circumstances are different. Working with a child probate lawyer helps ensure that:

• Proper legal documentation is filed.
• Heirs are correctly identified and notified.
• Minor children’s interests are protected.
• Assets are distributed fairly and in accordance with the law.

You will benefit from the guidance of an experienced team that serves clients in New Albany and surrounding areas, providing dedicated support throughout the process of settling your loved one’s estate.

As child probate attorneys with decades of experience, we can also help resolve disputes among family members and address complications such as multiple heirs, real estate ownership, or the presence of stepchildren.

Our estate planning services include probate administration, trust administration, and comprehensive legal guidance for all matters related to your loved one’s estate.

Frequently Asked Questions (FAQ) About Child Probate Representation

If my parent died without a will, am I entitled to their house?

If your parent owned the real property (such as a house) individually, it will pass according to intestate succession rules. If you are the only child and there is no surviving spouse, you may inherit the real property entirely. Otherwise, it may be divided with a spouse or siblings.

Can adopted children inherit from a biological parent who dies intestate?

Only if the biological parent’s rights were not terminated and the adoption was by someone else. If the adoption legally severed ties with the biological parent, inheritance rights may not apply.

What if my parent remarried and I have half-siblings?

All children—full or half—are treated equally under Indiana intestate law. If the parent had children from multiple relationships, the estate is divided equally among all of them.

Does a child born outside of marriage have inheritance rights?

Yes, but legal paternity must be established either during the parent’s lifetime or through a court proceeding soon after the parent’s death.

What happens if my parent had debts when they passed away?

Before any inheritance is distributed, the estate’s debts must be paid. Assets such as bank accounts may be used to pay these debts. Children inherit only after all obligations are satisfied.

Can a minor child access their inheritance right away?

No. A guardian or custodian is usually appointed to manage the minor’s share of the inheritance until they reach adulthood or another age set by court or trust provisions. A beneficiary or beneficiaries may receive assets through a trust or will.

Do stepchildren have rights to inherit if there’s no will?

No, unless they were legally adopted. Without adoption, stepchildren do not inherit under intestate succession laws.

Is estate planning only for rich people or those with more assets?

No, estate planning is important for everyone, not just those with more assets. Even if you have fewer assets or believe you lack sufficient assets, proper planning can help protect your loved ones, avoid unnecessary expenses, and ensure your wishes are followed.

Schedule A Consultation With An Experienced New Albany Child Probate Attorney Today.

If your parent died without a will and you are unsure of your rights as a child heir, Mattox & Wilson can help. As probate attorneys with decades of legal practice, we have extensive experience assisting families with estate administration, including protecting the interests of children during the probate process. We understand the unique challenges families face during these difficult times and provide thoughtful, diligent legal representation every step of the way.

Contact Mattox & Wilson today for help with probate matters involving children and intestate estates in Indiana.