Indiana § 29-1-3-7 Failure to elect; intestate succession

Indiana Statutes

§ 29-1-3-7 — Failure to elect; intestate succession

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

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 take any share against the will by virtue of the fact that
the testator made no provisions for him therein, except as he shall elect
pursuant to IC 29-1. By taking under the will or consenting thereto, he
does not waive his right to the allowance, unless it clearly appears from
the will that the provision therein made for him was intended to be in
lieu of that right.
Formerly: Acts 1953, c.112, s.307. As amended by Acts 1977,
P.L.296, SEC.1; P.L.176-2003, SEC.5.

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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 take any share against the will by virtue of the fact that
the testator made no provisions for him therein, except as he shall elect
pursuant to IC 29-1. By taking under the will or consenting thereto, he
does not waive his right to the allowance, unless it clearly appears from
the will that the provision therein made for him was intended to be in
lieu of that right.
Formerly: Acts 1953, c.112, s.307. As amended by Acts 1977,
P.L.296, SEC.1; P.L.176-2003, SEC.5.

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