IC 29-2-12
    Chapter 12. Apportionment of Federal Estate Taxes

IC 29-2-12-1
Purpose
    Sec. 1. The purpose of this chapter is to provide for an equitableapportionment of federal estate tax imposed upon decedents' estatesunder the provisions of the United States revenue code.
(Formerly: Acts 1969, c.175, s.1.) As amended by Acts 1982,P.L.171, SEC.72.

IC 29-2-12-1.5
"Will" defined
    Sec. 1.5. As used in this chapter, "will" includes a trust or otherinstrument governing the distribution of assets following anindividual's death.
As added by P.L.266-1989, SEC.1.

IC 29-2-12-2
Heirs and beneficiaries; charitable or marital deduction orexemption
    Sec. 2. Unless a decedent shall otherwise direct by will, thefederal estate tax imposed upon decedent's estate, shall beapportioned among all of the persons, heirs and beneficiaries ofdecedent's estate who receive any property which is includable in thetotal gross estate of said decedent for the purpose of determining theamount of federal estate tax to be paid by said estate, Provided, Thatno part of the federal estate tax shall be apportioned against propertywhich, in the absence of any apportionment whatsoever, whouldqualify for any charitable, marital or other deduction or exemption,nor against recipients of such property on account thereof.
(Formerly: Acts 1969, c.175, s.2.)

IC 29-2-12-3
Payment; recovery
    Sec. 3. The personal representative of decedent's estate or theperson paying the federal estate tax imposed upon said estate by saidUnited States revenue code shall be entitled to recover such tax sopaid proportionately from each such person, heir, or beneficiary asis hereinafter provided.
(Formerly: Acts 1969, c.175, s.3.)

IC 29-2-12-4
Method of apportionment
    Sec. 4. The portion of such federal estate tax 2001 et seq.) to bepaid by each person, heir, or beneficiary of said estate shall bedetermined by dividing the value of the property received by suchperson, heir or beneficiary, which is included in the net taxableestate, by the amount of the net taxable estate, and multiplying theresult by the amount of the total federal estate tax paid.(Formerly: Acts 1969, c.175, s.4.)

IC 29-2-12-5
Liens
    Sec. 5. That portion of said federal estate tax apportioned to eachperson, heir, or beneficiary receiving property as aforesaid, shallconstitute a lien upon the property received by said person, heir orbeneficiary until the amount thereof has been paid or reimbursed tothe personal representative of decedent's estate or the person otherthan the personal representative who has paid such tax.
(Formerly: Acts 1969, c.175, s.5.)

IC 29-2-12-6
Deduction of amounts; action for recovery
    Sec. 6. The personal representative of decedent's estate shall, priorto final distribution of the estate, deduct the amount of federal estatetax apportioned to each heir or beneficiary, if such personalrepresentative is in possession of sufficient property distributable tosuch heir or beneficiary to pay such apportioned share of said federalestate tax. In the event that such personal representative does nothave property of at least the value of such apportioned share of saidfederal estate tax, said personal representative may recover suchapportioned share by an action in court.
(Formerly: Acts 1969, c.175, s.6.)

IC 29-2-12-7
Will providing for payment
    Sec. 7. (a) This chapter shall not be applicable to estates wherethe decedent has, by will, provided for the payment of federal estatetax either by the estate or by the residue of the estate.
    (b) A specific direction in a will to pay federal estate tax from thetestator's estate or the residue of the estate shall be considered aprovision for payment under subsection (a).
(Formerly: Acts 1969, c.175, s.7.) As amended by Acts 1982,P.L.171, SEC.73; P.L.266-1989, SEC.2.