Indiana § 29-1-3-2 Time

Indiana Statutes

§ 29-1-3-2 — Time

Indiana § 29-1-3-2

Art. 1PROBATE CODE

Ch. 3Taking Against a Will and Rights of Pretermitted Heirs

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Bluebook

Ind. Code § 29-1-3-2 (2026).

Text

(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 for making the election, litigation is pending to test the validity or determine the effect or construction of the will or to determine the existence of issue surviving the deceased, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of such surviving spouse to make an election shall not be barred until the expiration of thirty (30) days after the final determination of the litigation. Formerly: Acts 1953, c.1

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(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 for making the election,
litigation is pending to test the validity or determine the effect or
construction of the will or to determine the existence of issue surviving
the deceased, or to determine any other matter of law or fact which
would affect the amount of the share to be received by the surviving
spouse, the right of such surviving spouse to make an election shall not
be barred until the expiration of thirty (30) days after the final
determination of the litigation.
Formerly: Acts 1953, c.112, s.302. As amended by
P.L.238-2005, SEC.7.