Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 1 of this chapter by P.L.168-1988 do not apply to individuals who die before July 1, 1988. (2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies […]
Sec. 1. (a) When a married individual dies testate as to any part of the individual’s estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is entitled to one-half (1/2) of the net personal […]
Sec. 2. (a) Except as provided in subsection (b), the election by a surviving spouse to take the share hereinbefore provided must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made. (b) If, at the expiration of such period […]
Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of the estate and shall be filed in the office of the clerk of the court. It may be in the following form: I, A.B., surviving wife (or husband) […]
Sec. 4. (a) Except as provided in subsection (b), the right of election of the surviving spouse is personal to the spouse. It is not transferable and cannot be exercised subsequent to the spouse’s death. A person with a valid power of attorney for the surviving spouse may elect for the spouse if the power […]
Sec. 5. An election by or on behalf of a surviving spouse to take the share provided in section 1 of this chapter once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the recission of a deed. Formerly: Acts 1953, c.112, […]
Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the […]
Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate undisposed of by the will. The surviving spouse is not entitled to […]
Sec. 8. (a) When a testator fails to provide a will for any of the testator’s children born or adopted after the making of the testator’s last will, such child, whether born before or after the testator’s death, shall receive a share in the estate of the testator equal in value to that which the […]
