§ 29-1-4-1 — Surviving spouse and family allowances

Indiana § 29-1-4-1

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 4: Surviving Spouse and Family Allowances

Text

(a) The surviving spouse of a decedent who was
domiciled in Indiana at the decedent's death is entitled from the estate
to an allowance of twenty-five thousand dollars ($25,000). If there is
no surviving spouse, the decedent's children who are under eighteen
(18) years of age at the time of the decedent's death are entitled to the
same allowance to be divided equally among them.
(b) The allowance under subsection (a) may be claimed against:
(1) the personal property of the decedent's estate;
(2) the real property that is part of the decedent's estate; or
(3) a combination of personal property under subdivision (1) and
real property under subdivision (2).
(c) Not later than ninety (90) days after the order commencing the
estate administration, an individual entitled to the allowance may file
with the court an election specifying whether the allowance is being
claimed under subsection (b) against the personal property of the estate
or the real property that is part of the estate, or a combination of both.
An interested party may file an objection to the manner in which the
allowance is being claimed not later than thirty (30) days after the date
the election is filed with the court. The court shall rule on the objection
after notice and a hearing. If an election is not filed within ninety (90)
days after the order commencing the estate administration, the
allowance must be satisfied according to the following order of
preference:
(1) From the intangible personal property of the estate.
(2) From the tangible personal property of the estate.
(3) From the real property that is part of the estate.
(d) If the personal property of the estate is less than twenty-five
thousand dollars ($25,000) in value, the spouse or decedent's children
who are under eighteen (18) years of age at the time of the decedent's
death, as the case may be, are entitled to any real estate of the estate to
the extent necessary to make up the difference between the value of the
personal property and twenty-five thousand dollars ($25,000). The
amount of that difference is a lien on the real estate. However, no real
estate may be sold to satisfy the survivor's allowance unless the sale is
approved:
(1) in an agreement signed by all interested persons; or
(2) by court order following notice to all interested persons.
(e) An allowance under this section is not chargeable against the
distributive shares of either the surviving spouse or the children.
(f) For purposes of this section, the value of the real property that is
part of a decedent's estate must be determined as of the date of the
decedent's death.
Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2;
Acts 1975, P.L.288, SEC.3. As amended by Acts 1978, P.L.132,
SEC.1; P.L.118-1997, SEC.11; P.L.42-1998, SEC.1; P.L.252-2001,
SEC.11; P.L.143-2009, SEC.9.