reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 28. Financial Institutions › Article 15. Savings Associations › Chapter 14. Merger or Consolidation With Federal Savings Association › 28-15-14-5. Conversion of Federal Savings Association; Effect on State Chartered Savings Association

Sec. 5. (a) Upon the effective date of the conversion of a federal savings association into a state chartered savings association under section 4 of this chapter, all of the assets and property of the federal savings association of every kind and character, including:
(1) real, personal, and mixed property;
(2) tangible and intangible property; and
(3) choses in action, rights, and credits that:
(A) the savings association owns; or
(B) would inure to the savings association;
shall immediately, by operation of law and without any conveyance or transfer, and without any further act or deed, be vested in and become the property of the state chartered savings association.
(b) After the conversion of a federal savings association into a state chartered savings association under section 4 of this chapter:
(1) the state chartered savings association shall have, hold, and enjoy the assets and property of the federal savings association in its own right, as fully and to the same extent that the assets and property were possessed, held, and enjoyed by the federal savings association before the conversion; and
(2) the state chartered savings association is considered a continuation of the entity and identity of the federal savings association, and all of the rights and obligations of the federal savings association remain unimpaired.
(c) When the conversion of a federal savings association into a state chartered savings association under section 4 of this chapter takes effect, the state chartered savings association succeeds to all of the rights and obligations and the duties and liabilities connected with the federal savings association.
As added by P.L.193-1997, SEC.2. Amended by P.L.29-2022, SEC.20.
2023 Indiana Code › Title 28. Financial Institutions › Article 15. Savings Associations › Chapter 14. Merger or Consolidation With Federal Savings Association › 28-15-14-6. Organization of New Savings Association; Bylaws

Sec. 6. After the conversion of a federal savings association into a state chartered savings association under section 4 of this chapter, the organization of the savings association shall be completed in the manner provided by IC 28-12, except that bylaws for the savings association:
(1) may be adopted by the members of the federal association when the members adopt the resolution authorizing the conversion; and
(2) may become effective upon the issuance of the certificate of incorporation under section 4(g) of this chapter.
As added by P.L.193-1997, SEC.2. Amended by P.L.29-2022, SEC.21.
2023 Indiana Code › Title 28. Financial Institutions › Article 15. Savings Associations › Chapter 15. Loans to Insiders › 28-15-15-1. Extensions of Credit to Officers, Directors, and Shareholders

Sec. 1. A savings association may extend credit to officers, directors, and principal shareholders of the savings association in compliance with 12 CFR 215.
As added by P.L.193-1997, SEC.2.
2023 Indiana Code › Title 28. Financial Institutions › Article 15. Savings Associations › Chapter 16. Applicability of the Federal Reserve Act › 28-15-16-1. Applicability

Sec. 1. For purposes of this article, a savings association that is not a member of the Federal Reserve System is subject to Sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c or 371c-1) to the same extent and in the same manner as if the savings association were a member of the Federal Reserve System.
As added by P.L.258-2003, SEC.31.
2023 Indiana Code › Title 28. Financial Institutions › Article 15. Savings Associations › Chapter 16. Applicability of the Federal Reserve Act › 28-15-16-2. Violations

Sec. 2. A violation of Section 23A or 23B of the Federal Reserve Act (12 U.S.C. 371c or 371c-1) by a savings association or a subsidiary constitutes a violation of this chapter.
As added by P.L.258-2003, SEC.31.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 9, 11, 12, and 20 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
As added by P.L.220-2011, SEC.465.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-2. Procedure; Prior Proceedings or Rights

Sec. 2. (a) The procedure herein prescribed shall govern all proceedings in probate brought after January 1, 1954; and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply.
(b) No act done in any proceeding commenced before January 1, 1954, and no accrued right, shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of the law in force at the time, such provision shall remain in force and be deemed a part of this article with respect to such right, and not withstanding any of the provisions of this article, the person or persons who shall be entitled to take or receive any property, right, power or interest on the final settlement and distribution of any estate pending or any trust being administered on January 1, 1954 shall be determined, and his or their rights, powers and interest shall be governed by the statutes and applicable decisions in force and effect immediately prior to January 1, 1954.
(c) If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
Formerly: Acts 1953, c.112, s.102. As amended by Acts 1982, P.L.171, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-4. Legislative History

Sec. 4. The report of the probate code study commission established by IC 2-5-16 (before its repeal) made pursuant to Acts 1949, c. 302, s. 5 and Acts 1951, c. 347, s. 2 may be consulted by the courts to determine the underlying reasons, purposes, and policies of this article, and may be used as a guide in its construction and application.
Formerly: Acts 1953, c.112, s.104. As amended by Acts 1982, P.L.171, SEC.3; P.L.53-2014, SEC.142.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-6. Disqualification of Judges

Sec. 6. When any judge or his spouse shall be related within the third degree of consanguinity, according to the civil law, to any of the parties or their attorneys, shall have drawn the will of the decedent, or shall be interested or have been counsel in any probate proceeding or any matter therein, the same shall be grounds for disqualifying such judge from acting in a controverted matter with respect to which his disqualification exists. When grounds for disqualification exist, the judge may refuse to act as judge therein; or, upon filing of a petition to disqualify such judge, stating the grounds therefor, by any person interested in the particular matter with respect to which his disqualification exists, the judge must not act therein. The grounds for disqualification stated herein are enumerated as additional grounds, and not in limitation of applicable grounds for disqualification provided by statute or by Supreme Court rule with respect to trial judges generally.
Formerly: Acts 1953, c.112, s.106.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-7. Rules and Forms of Procedure

Sec. 7. The court may promulgate rules and forms of procedure for probate proceedings, not inconsistent with the provisions of this article nor with such rules and forms as are promulgated by the supreme court. If in any probate proceeding a situation arises which is not provided for by any statute or rule of procedure, the court may formulate and declare a rule of procedure for that particular case.
Formerly: Acts 1953, c.112, s.107. As amended by Acts 1982, P.L.171, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-9. Petitions

Sec. 9. Every application to the court, unless otherwise provided, shall be by petition signed and verified by or on behalf of the petitioner. No defect of form or substance in any petition, nor the absence of a petition, shall invalidate any proceedings. Interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in another appropriate manner.
Formerly: Acts 1953, c.112, s.109. As amended by P.L.118-1997, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-10. Notice of Filings; Objections or Answers

Sec. 10. Where, pursuant to law, order of court, or the request of the moving party, notice of the filing of any report, account, claim, petition, motion or other pleading to interested persons is required before submission of the same to the court, any interested person, on or before the day set for hearing, may file written objections or answers thereto, and, upon special order or general rule of the court, objections or answers thereto must be filed in writing as a prerequisite of being heard by the court.
Formerly: Acts 1953, c.112, s.110.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-11. Notice to Interested Persons

Sec. 11. No notice to interested persons need be given except as specifically provided for in this article or as ordered by the court. When no notice is required by this article, the court may require such notice as it deems desirable by a general rule or by an order in a particular case. Notice is required as follows:
(1) Notice as prescribed by this chapter must be given to every interested person or to one who can bind an interested person as described in section 20(a)(1) through 20(a)(3) of this chapter or IC 29-3-2-4. Notice may be given both to a person and to another who may bind him.
(2) Notice is given to unborn or unascertained persons, who are not represented as described in section 20(a)(1) through 20(a)(3) of this chapter or IC 29-3-2-4, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.
Formerly: Acts 1953, c.112, s.111. As amended by Acts 1982, P.L.171, SEC.5; P.L.118-1997, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-12. Service of Notice

Sec. 12. (a) Unless waived and except as otherwise provided by law, all notices required by this article to be served upon any person shall be served as the court shall direct by rule or in a particular case, by:
(1) delivering a copy of the notice to the person or by leaving a copy of the notice at the person's last and usual place of residence, at least ten (10) days before the hearing, if the person is a resident of the state of Indiana;
(2) publication, if the person is a nonresident of the state of Indiana or if the person's residence is unknown, once each week for three (3) weeks consecutively in a newspaper printed and circulating in the county where the court is held, the first day of publication to be at least thirty (30) days prior to the date set for hearing; or in case there is no newspaper printed in the county, then in a newspaper circulating in the county where the proceeding is pending, and designated by the judge or clerk;
(3) first class postage prepaid mail addressed to the person located in the United States, at the person's address stated in the petition for the hearing, to be posted by depositing in any United States post office in this state at least fourteen (14) days prior to the date set for hearing in the notice;
(4) personal service on nonresidents to be served by any officer authorized to serve process in the county of the nonresident, which notice shall be served at least fourteen (14) days prior to the date set for hearing in such notice; or
(5) any combination of two (2) or more of the above.
(b) In all cases where service by publication is ordered but personal service or service by registered mail is not ordered, all persons directed by the provisions of this article, or by order of the court, to be notified, whose names and addresses are known or can by reasonable diligence be ascertained by the party charged with the duty of giving notice, shall in addition to the published notice required by order, be served by a written notice by United States first class postage prepaid mail at least fourteen (14) days prior to the date set for hearing in the notice.
Formerly: Acts 1953, c.112, s.112; Acts 1955, c.258, s.1; Acts 1961, c.50, s.2. As amended by Acts 1982, P.L.171, SEC.6; P.L.118-1997, SEC.8; P.L.95-2007, SEC.3; P.L.162-2022, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-13. Service by Publication and Mail; Personal Service

Sec. 13. Service by publication shall be made by the clerk at the instance of the party who requires such service to be made. Personal service may be made by any competent person unless otherwise directed by the court or the provisions of this article.
Formerly: Acts 1953, c.112, s.113. As amended by Acts 1982, P.L.171, SEC.7; P.L.162-2022, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-14. Service Upon Attorney

Sec. 14. (a) If an attorney shall have entered his appearance in writing for any person in any probate proceeding or matter pending in the court, all notices required to be served on the person in such proceeding or matter may be served on the attorney and such service shall be in lieu of service upon the person for whom the attorney appears.
(b) Notices to the personal representative may similarly be served on his attorney of record.
Formerly: Acts 1953, c.112, s.114.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-15. Form of Notice

Sec. 15. The form of such notice may be prescribed by the court by rule or order. A notice shall be deemed sufficient if it shall set forth the nature of the petition or paper filed or the action requested, and the time fixed for hearing thereof, or the time fixed for filing a responsive pleading. or objections thereto.
Formerly: Acts 1953, c.112, s.115.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-16. Proof of Service; Filing

Sec. 16. Proof of service in all cases requiring notice, whether by publication, mailing or otherwise, shall be filed before the hearing. Service made by a private person shall be proved by the affidavit of the person; service made by an official shall be proved by certificate or return of service.
Formerly: Acts 1953, c.112, s.116. As amended by P.L.162-2022, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-18. Notices; Proof of Compliance

Sec. 18. Nothing contained in section 16 or section 17 of this chapter shall preclude any person from proving in any suit or proceeding that the provisions of this article respecting such notice have been complied with, although no such proof of service may have been filed as therein required.
Formerly: Acts 1953, c.112, s.118. As amended by Acts 1982, P.L.171, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-19. Notice of Hearing; Waiver

Sec. 19. Any person legally competent who is required to be served with notice of any hearing in a probate proceeding may in person or by attorney waive in writing issuance and service of notice of the hearing. A guardian of the estate or a guardian ad litem may make the waiver on behalf of a protected person. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of a person residing in a foreign country, may make a waiver of notice on behalf of the person. Any person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.
Formerly: Acts 1953, c.112, s.119. As amended by P.L.33-1989, SEC.32.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-20. Incapacitated Persons; Unknown Persons; Guardians

Sec. 20. (a) In a proceeding involving estates of decedents or trusts, or in judicially supervised settlements, persons are bound by orders binding others in the following cases:
(1) Orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
(2) Orders binding a trustee bind beneficiaries of the trust in proceedings:
(A) to probate a will establishing or adding to a trust;
(B) to review the acts or accounts of a prior fiduciary; and
(C) involving creditors or other third parties.
(3) Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate in actions or proceedings by or against the estate. If there is no conflict of interest and no guardian of the estate or person has been appointed, a parent may represent the parent's minor child.
(4) An interested person:
(A) who is incapacitated;
(B) whose present name, existence, or residence upon diligent inquiry is unknown and cannot be ascertained; or
(C) who is not otherwise represented;
is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding.
(b) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding. Any guardian of the person or estate of the person having an interest may be appointed as a guardian ad litem.
(c) The compensation of a guardian or guardian ad litem and the guardian's expenses including attorney's fees for services rendered in any proceeding under this article may be allowed in such amount and ordered paid either out of the entire estate involved as an expense of administration, or out of the protected person's interest therein as the court in its discretion shall determine.
(d) Any adjudication involving the interests of persons considered represented under this section shall be lawful and binding upon all interested persons, whether born or unborn, whether notified or not notified, and whether represented or not, if the interested persons are of the same class or have interests similar to the predominant interests of any person notified or represented.
Formerly: Acts 1953, c.112, s.120. As amended by Acts 1982, P.L.171, SEC.9; P.L.33-1989, SEC.33; P.L.118-1997, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-21. Orders, Judgments, or Decrees; Vacating or Modifying

Sec. 21. For illegality, fraud or mistake, upon application filed within one (1) year after the discharge of the personal representative upon final settlement, the court may vacate or modify its orders, judgments and decrees or grant a rehearing therein. Before any such order, judgment or decree shall be vacated or modified, notice of such application and hearing shall be given to the personal representative and all interested persons as provided in section 12 of this chapter. No vacation or modification under this section shall affect any right acquired by any innocent person in reliance upon any such previous order, judgment or decree.
Formerly: Acts 1953, c.112, s.121. As amended by Acts 1982, P.L.171, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-22. Appeals; Stay of Proceedings

Sec. 22. Any person considering himself aggrieved by any decision of a court having probate jurisdiction in proceedings under this article may prosecute an appeal to the court having jurisdiction of such appeal. Such appeal shall be taken as appeals are taken in civil causes. Executors, administrators, guardians and fiduciaries may have a stay of proceedings without bond.
Formerly: Acts 1953, c.112, s.122. As amended by Acts 1982, P.L.171, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-23. Record of Proceedings; Dockets

Sec. 23. The following records of proceedings under this article shall be maintained in addition to other records as the court having probate jurisdiction shall provide for:
(1) An index in which estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the protected person. After the name of each shall be shown the docket number and page wherein entries pertaining to such decedent's or ward's estate appear.
(2) Decedent's and guardianship estate dockets, in which shall be listed in chronological order under the name of the decedent or protected person, all documents filed or issued and all orders, judgments, and decrees made pertaining to the estate, the date, and a reference to the volume and page of any other book in which any record shall have been made of such document.
(3) A record of wills, properly indexed, in which shall be recorded all wills admitted to probate and a record of the testimony of a witness examined, subscribed by the witness and attested by the clerk with the clerk's signature and seal of office. The will with the testimony and attestation to be certified by the clerk to be a complete record.
(4) An order book, in which shall be entered all proceedings with respect to the estate in conformity with the law pertaining to order books of circuit courts of this state and with the rules of the court.
Formerly: Acts 1953, c.112, s.123. As amended by Acts 1982, P.L.171, SEC.12; P.L.33-1989, SEC.34; P.L.50-1991, SEC.18; P.L.4-1994, SEC.11; P.L.2-1995, SEC.115.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 1. General Provisions › 29-1-1-24. Fraud; Relief for Injured Parties

Sec. 24. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this probate code or if fraud is used to avoid or circumvent the provisions or purposes of this probate code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
Formerly: Acts 1975, P.L.288, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 10 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.
(3) The amendments made to section 1 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2004.
(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.
As added by P.L.220-2011, SEC.466.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-3.1. Wife's Interest in Real Property by Reason of Marriage; Extinguishment

Sec. 3.1. A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, lease or other instrument, contract or commitment so executed by a married man without the joinder or assent of his wife shall have the same effect as if it had been executed by the husband joined by his competent wife. Any such act or instrument, or any sale, disposition, transfer or encumbrance of the husband's real property by virtue of any decree, execution or mortgage, even though the wife is not a party thereto, shall extinguish the right of the wife to her one-third of any of said real property and shall extinguish any other right, choate or inchoate, of the wife in said real property which arose or could arise by reason of the marital relationship.
Formerly: Acts 1973, P.L.288, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-4. Part Not Disposed of by Will

Sec. 4. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates.
Formerly: Acts 1953, c.112, s.204.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-5. Kindred of Half Blood; Inheritance

Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood.
Formerly: Acts 1953, c.112, s.205.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-6. Afterborn Children; Inheritance

Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the relationships existing at the time of the death of the intestate.
Formerly: Acts 1953, c.112, s.206.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-7. Children Born Out of Wedlock; Inheritance

Sec. 7. (a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at the time of the child's birth, so that the child and the child's issue shall inherit from the child's mother and from the child's maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's mother were married to the child's father at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.
(b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one (1) of the following requirements is met:
(1) The paternity of a child who was at least twenty (20) years of age when the father died has been established by law in a cause of action that is filed during the father's lifetime.
(2) The paternity of a child who was less than twenty (20) years of age when the father died has been established by law in a cause of action that is filed:
(A) during the father's lifetime; or
(B) within five (5) months after the father's death.
(3) The paternity of a child born after the father died has been established by law in a cause of action that is filed within eleven (11) months after the father's death.
(4) The putative father marries the mother of the child and acknowledges the child to be his own.
(5) The putative father executed a paternity affidavit in accordance with IC 31-6-6.1-9(b) (before its repeal).
(6) The putative father executes a paternity affidavit as set forth in IC 16-37-2-2.1.
(c) The testimony of the mother may be received in evidence to establish such paternity and acknowledgment, but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances.
(d) If paternity is established as described in this section, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, so that the child and the child's issue shall inherit from the child's father and from the child's paternal kindred, both descendants and collateral, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's father were married to the child's mother at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.
Formerly: Acts 1953, c.112, s.207. As amended by P.L.50-1987, SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002, SEC.4; P.L.190-2016, SEC.36.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-8. Adopted Children; Inheritance

Sec. 8. For all purposes of intestate succession, including succession by, through, or from a person, both lineal and collateral, an adopted child shall be treated as a natural child of the child's adopting parents, and the child shall cease to be treated as a child of the natural parents and of any previous adopting parents. However, if a natural parent of a child born in or out of wedlock marries the adopting parent, the adopted child shall inherit from the child's natural parent as though the child had not been adopted, and from the child's adoptive parent as though the child were the natural child. In addition, if a person who is related to a child within the sixth degree adopts such child, such child shall upon the occasion of each death in the child's family have the right of inheritance through the child's natural parents or adopting parents, whichever is greater in value in each case.
Formerly: Acts 1953, c.112, s.208; Acts 1961, c.267, s.1; Acts 1965, c.405, s.2; Acts 1969, c.254, s.1. As amended by P.L.152-1987, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-9. Relationship Through Two Lines; Share

Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him to the larger share.
Formerly: Acts 1953, c.112, s.209.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-10. Advancements; Gratuitous Inter Vivos Transfer

Sec. 10. (a) If a person dies intestate as to all his estate, property which he gave in his lifetime to any person who, if the intestate had died at the time of making the gift, would be entitled to inherit a part of his estate, shall be treated as an advancement against the heir's intestate share only if:
(1) the decedent declared in a writing or the heir acknowledged in a writing that the gift is an advancement; or
(2) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
To the extent that the advancement does not exceed the intestate share the advancement shall be taken into account in computing the estate to be distributed. Every gratuitous inter vivos transfer is deemed to be an absolute gift and not an advancement unless shown to be an advancement.
(b) The advancement shall be considered as of its value at the time when the advancee came into possession or enjoyment or at the time of the death of the intestate, whichever first occurs.
(c) If the advancee dies before the intestate, leaving a lineal heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled to had he survived the intestate, then the heir shall only be charged with such proportion of the advancement as the amount he would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.
Formerly: Acts 1953, c.112, s.210. As amended by P.L.118-1997, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-12. Repealed

Formerly: Acts 1953, c.112, s.212. As amended by Acts 1978, P.L.2, SEC.2901. Repealed by P.L.147-1984, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-13. Waiver; Intestate Share

Sec. 13. (a) The intestate share or other expectancy to which the spouse or any other heir is entitled may be waived at any time by a written contract, agreement or waiver signed by the party waiving such share or expectancy. The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. In all other cases such contract, an agreement or waiver is binding upon the parties to the agreement if executed after a full disclosure of the nature and extent of such right, and if the thing or promise given to such party is a fair consideration under all the circumstances.
(b) Except as otherwise provided in the agreement, a waiver executed by the decedent's spouse is considered a waiver of the right to elect to take against the decedent's will. The written agreement may be filed in the same manner as is provided for the filing of an election under IC 29-1-3-3.
Formerly: Acts 1953, c.112, s.213. As amended by Acts 1982, P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-14. Adultery; Forfeiture of Rights to Estate or Trust

Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife.
Formerly: Acts 1953, c.112, s.214. As amended by P.L.238-2005, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 2. Intestate Succession and Rights of Certain Interested Persons › 29-1-2-15. Abandonment; Forfeiture of Rights to Estate or Trust

Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.
Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1. As amended by P.L.238-2005, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 1 of this chapter by P.L.168-1988 do not apply to individuals who die before July 1, 1988.
(2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2005.
(3) The amendments made to sections 1 and 7 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.
(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.
As added by P.L.220-2011, SEC.467.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-1. Limitations and Conditions

Sec. 1. (a) When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is entitled to one-half (1/2) of the net personal and real estate of the testator. However, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent and the decedent left surviving a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall upon such election take one-third (1/3) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of:
(1) the fair market value as of the date of death of the real property of the testator; minus
(2) the value of the liens and encumbrances on the real property of the testator.
In determining the net estate of a deceased spouse for the purpose of computing the amount due the surviving spouse electing to take against the will, the court shall consider only such property as would have passed under the laws of descent and distribution.
(b) When the value of the property given the surviving spouse under the will is less than the amount the surviving spouse would receive by electing to take against the will, the surviving spouse may elect to retain any or all specific bequests or devises given to the surviving spouse in the will at their fair market value as of the time of the decedent's death and receive the balance due in cash or property.
(c) Except as provided in subsection (b), in electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept the elected award in lieu thereof.
(d) When a surviving spouse elects to take against the will, the surviving spouse shall be deemed to take by descent, as a modified share, the part of the net estate as does not come to the surviving spouse by the terms of the will. Where by virtue of an election pursuant to this chapter it is determined that the surviving spouse has renounced the surviving spouse's rights in any devise, either in trust or otherwise, the will shall be construed with respect to the property so devised to the surviving spouse as if the surviving spouse had predeceased the testator.
Formerly: Acts 1953, c.112, s.301. As amended by Acts 1982, P.L.171, SEC.14; P.L.168-1988, SEC.1; P.L.176-2003, SEC.4; P.L.61-2006, SEC.2.
2023 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

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.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-3. Forms; Recording; Service

Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of the estate and shall be filed in the office of the clerk of the court. It may be in the following form:
I, A.B., surviving wife (or husband) of C.D., late of the county of ____________ and state of _______, do hereby elect to take my legal share in the estate of the said C.D. and I do hereby renounce provisions in the will of the said C.D. inconsistent herewith.
Signed,
(Signature)
(Acknowledgment)
(b) Said election shall be recorded by such clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded.
(c) The clerk shall cause a copy of said election to be served upon the personal representative and the personal representative's attorney of record through the E-filing System of the Indiana Courts or by first class postage prepaid mail addressed to such persons at their respective addresses as shown by the petition for probate of will and appointment of personal representative.
Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975, P.L.288, SEC.2. As amended by P.L.162-2022, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-4. Personal Right; Election by Attorney in Fact or Guardian

Sec. 4. (a) Except as provided in subsection (b), the right of election of the surviving spouse is personal to the spouse. It is not transferable and cannot be exercised subsequent to the spouse's death. A person with a valid power of attorney for the surviving spouse may elect for the spouse if the power of attorney has general authority with respect to estates as provided in IC 30-5-5-15(a)(4). If the surviving spouse is a protected person, the court may order the guardian of the spouse's estate to elect for the spouse.
(b) The spousal election may be exercised subsequent to the spouse's death under the following circumstances:
(1) The surviving spouse died before the election could be made.
(2) The election is being made to recover Medicaid benefits that were paid on behalf of the deceased surviving spouse.
The office of Medicaid policy and planning may exercise the right of election under this subsection. The spousal election is only enforceable up to the amount of Medicaid benefits that were received and the amount may only be distributed to the office of Medicaid policy and planning.
Formerly: Acts 1953, c.112, s.304. As amended by P.L.33-1989, SEC.35; P.L.252-2001, SEC.10; P.L.246-2005, SEC.213.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-5. Binding Effect; Change

Sec. 5. An election by or on behalf of a surviving spouse to take the share provided in section 1 of this chapter once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the recission of a deed.
Formerly: Acts 1953, c.112, s.305. As amended by Acts 1982, P.L.171, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-6. Waiver of Right

Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances.
(b) The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter.
Formerly: Acts 1953, c.112, s.306. As amended by P.L.283-1987, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-7. Failure to Elect; Intestate Succession

Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate undisposed of by the will. The surviving spouse is not entitled to take any share against the will by virtue of the fact that the testator made no provisions for him therein, except as he shall elect pursuant to IC 29-1. By taking under the will or consenting thereto, he does not waive his right to the allowance, unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of that right.
Formerly: Acts 1953, c.112, s.307. As amended by Acts 1977, P.L.296, SEC.1; P.L.176-2003, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs › 29-1-3-8. Afterborn or Adopted Children; Omitted Heirs

Sec. 8. (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.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 4. Surviving Spouse and Family Allowances › 29-1-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
As added by P.L.220-2011, SEC.468.