§ 29-1-3-8 — Afterborn or adopted children; omitted heirs

Indiana § 29-1-3-8

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

Text

(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 child would have received if the testator had died
intestate, unless it appears from the will that such omission was
intentional, or unless:
(1) when the will was executed the testator had one (1) or more
children known to the testator to be living; and
(2) the testator devised substantially all of the testator's estate to
the spouse who survives the testator's death.
(b) If, at the time of the making of the testator's will, the testator
believes any of the testator's children to be dead, and fails to provide
for such child in the testator's will, the child shall receive a share in the
estate of the testator equal in value to that which the child would have
received if the testator had died intestate, unless it appears from the
will or from other evidence that the testator would not have devised
anything to such child had the testator known that the child was alive.
Formerly: Acts 1953, c.112, s.308. As amended by
P.L.231-2019, SEC.6.