How can I claim my deceased husband's properties in Indiana without a will?

Question

I am a widow from the Philippines, and my husband passed away in Indiana, USA, without leaving a will. I have not started any legal processes yet. He has two grown-up sons from his first deceased wife. I would like to know how I can claim the properties he left in Indiana, including his house, cars, and belongings. What steps do I need to take to initiate this process?

James L. Arrasmith · Answer

I'm sorry to hear about your loss. Navigating the legal process after a spouse's death can be challenging, especially when you're in a different country. In Indiana, when someone dies without a will, their estate is distributed according to the state's intestate succession laws. As the surviving spouse, you are entitled to a portion of your husband's estate, but the exact share depends on whether he had children from a previous marriage. 
 
If your husband had children from a previous marriage, you would inherit half of his personal property and one-fourth of the fair market value of his real estate, minus any debts or liens on the property. The remaining portions would go to his children.  
To begin the process of claiming your share, you'll need to initiate probate proceedings in the Indiana county where your husband resided. This involves petitioning the court to open an estate and appoint a personal representative to manage the distribution of assets. Given the complexities involved, especially with international considerations, it's advisable to consult with an attorney experienced in Indiana probate law to guide you through the necessary steps and ensure your rights are protected.

Q: How can I claim my deceased husband's properties in Indiana without a will?