§ 29-1-3-3 — Forms; recording; service

Indiana § 29-1-3-3

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 3: Taking Against a Will and Rights of Pretermitted Heirs

Text

(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) of C.D., late of the county of
____________ and state of _______, do hereby elect to take my legal
share in the estate of the said C.D. and I do hereby renounce provisions
in the will of the said C.D. inconsistent herewith.
Signed,
(Signature)
(Acknowledgment)
(b) Said election shall be recorded by such clerk in the record of
wills, marginal reference being made from such record to the book and
page in which such will is recorded, and from the record of such will
to the book and page where such election is recorded.
(c) The clerk shall cause a copy of said election to be served upon
the personal representative and the personal representative's attorney
of record through the E-filing System of the Indiana Courts or by first
class postage prepaid mail addressed to such persons at their respective
addresses as shown by the petition for probate of will and appointment
of personal representative.
Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts
1975, P.L.288, SEC.2. As amended by P.L.162-2022, SEC.6.