Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 10 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. (2) The amendments made to section 1 of this chapter by P.L.176-2003 apply only to the estate of an […]
Sec. 1. (a) The estate of a person dying intestate shall descend and be distributed as provided in this section. (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share: (1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or […]
Sec. 10. (a) If a person dies intestate as to all his estate, property which he gave in his lifetime to any person who, if the intestate had died at the time of making the gift, would be entitled to inherit a part of his estate, shall be treated as an advancement against the heir’s […]
Sec. 11. The estates of dower and curtesy are hereby abolished. Formerly: Acts 1953, c.112, s.211.
Formerly: Acts 1953, c.112, s.212. As amended by Acts 1978, P.L.2, SEC.2901. Repealed by P.L.147-1984, SEC.2.
Sec. 12.1. (a) The following definitions apply throughout this section: (1) “Culpable person” means any of the following: (A) A person who: (i) has been charged with causing an unlawful death; and (ii) is found guilty, or guilty but mentally ill, on a charge of causing an unlawful death under a guilty plea or guilty […]
Sec. 13. (a) The intestate share or other expectancy to which the spouse or any other heir is entitled may be waived at any time by a written contract, agreement or waiver signed by the party waiving such share or expectancy. The promise of marriage, in the absence of fraud, is sufficient consideration in the […]
Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife. Formerly: Acts 1953, c.112, s.214. […]
Sec. 15. If a person shall abandon his or her spouse without just cause, 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. As amended by P.L.238-2005, SEC.6.
Formerly: Acts 1953, c.112, s.202. Repealed by P.L.176-2003, SEC.7.
Formerly: Acts 1953, c.112, s.203. Repealed by Acts 1973, P.L.288, SEC.2.
Sec. 3.1. A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, lease or other instrument, contract or commitment so […]
Sec. 4. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. Formerly: Acts 1953, c.112, s.204.
Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood. Formerly: Acts 1953, c.112, s.205.
Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the relationships existing at the time of the death of […]
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 be treated 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 issue shall inherit […]
Sec. 8. For all purposes of intestate succession, including succession 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 of the natural parents and of any previous adopting […]
Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him to the larger share. Formerly: […]
