2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs
29-1-3-2. Time

Universal Citation: IN Code § 29-1-3-2 (2019)
IC 29-1-3-2 Time

Sec. 2. (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.

Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.