CHAPTER 4. SURVIVING SPOUSE AND FAMILY ALLOWANCES

IC 29-1-4
    Chapter 4. Surviving Spouse and Family Allowances

IC 29-1-4-1
Surviving spouse and family allowances
    Sec. 1. (a) The surviving spouse of a decedent who was domiciledin Indiana at the decedent's death is entitled from the estate to anallowance of twenty-five thousand dollars ($25,000). If there is nosurviving spouse, the decedent's children who are under eighteen(18) years of age at the time of the decedent's death are entitled to thesame 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 theestate administration, an individual entitled to the allowance may filewith the court an election specifying whether the allowance is beingclaimed under subsection (b) against the personal property of theestate or the real property that is part of the estate, or a combinationof both. An interested party may file an objection to the manner inwhich the allowance is being claimed not later than thirty (30) daysafter the date the election is filed with the court. The court shall ruleon the objection after notice and a hearing. If an election is not filedwithin ninety (90) days after the order commencing the estateadministration, the allowance must be satisfied according to thefollowing 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-fivethousand dollars ($25,000) in value, the spouse or decedent'schildren who are under eighteen (18) years of age at the time of thedecedent's death, as the case may be, are entitled to any real estate ofthe estate to the extent necessary to make up the difference betweenthe 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'sallowance 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 thedistributive shares of either the surviving spouse or the children.
    (f) For purposes of this section, the value of the real property thatis part of a decedent's estate must be determined as of the date of thedecedent's death.
(Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2; Acts1975, 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.

IC 29-1-4-2
Repealed
    (Repealed by Acts 1975, P.L.288, SEC.51.)

IC 29-1-4-3
Repealed
    (Repealed by Acts 1975, P.L.288, SEC.51.)