§ 29-1-17-3 — Abatement of distributee shares

Indiana § 29-1-17-3

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 17: Distribution and Discharge

Text

(a) Except as provided in subsection (b) hereof,
shares of the distributees shall abate, for the payment of claims,
legacies, the allowance provided by IC 29-1-4-1, the shares of
pretermitted heirs or the share of the surviving spouse who elects to
take against the will, without any preference or priority as between real
and personal property, in the following order:
(1) Property not disposed of by the will.
(2) Property devised to the residuary devisee.
(3) Property disposed of by the will but not specifically devised
and not devised to the residuary devisee.
(4) Property specifically devised.
A general devise charged on any specific property or fund shall, for
purposes of abatement be deemed property specifically devised to the
extent of the value of the thing on which it is charged. Upon the failure
or insufficiency of the thing on which it is charged, it shall be deemed
property not specifically devised to the extent of such failure or
insufficiency.
(b) If the provisions of the will or the testamentary plan or the
express or implied purpose of the devise would be defeated by the
order of abatement stated in subsection (a) hereof, the shares of
distributees shall abate in such other manner as may be found
necessary to give effect to the intention of the testator.
Formerly: Acts 1953, c.112, s.1703. As amended by Acts 1981,
P.L.260, SEC.2.