Indiana Code
Ind. Code § 29-1-2-15 (2025)
Abandonment; forfeiture of rights to estate or trust
✓ 2025 Indiana Code: the 2026 session is not included
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.
IC 29-1-3Chapter 3. Taking Against a Will and Rights of Pretermitted Heirs
29-1-3-0.1Application of certain amendments to chapter
29-1-3-1Limitations and conditions
29-1-3-2Time
29-1-3-3Forms; recording; service
29-1-3-4Personal right; election by attorney in fact or
guardian
29-1-3-5Binding effect; change
29-1-3-6Waiver of right
29-1-3-7Failure to elect; intestate succession
29-1-3-8Afterborn or adopted children; omitted heirs
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1991–2025 · leading case: In re Est. of Patrick, 958 N.E.2d 1155 (Ind. Ct. App. 2011).
In re Est. of Patrick, 958 N.E.2d 1155 (Ind. Ct. App. 2011). “Goodwin in this respect in indicating that pursuant to I.C. § 29-1-2-15 (West, Westlaw through end of 2011 1st Regular Sess.”
Est. of Calcutt v. Calcutt, 576 N.E.2d 1288 (Ind. Ct. App. 1991). “§ 29-1-2-14 and I.C. § 29-1-2-15 must also fail. I.C. § 29-1-2-14 states: 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 of the deceased husband…”
Murdock v. Est. of Murdock, 935 N.E.2d 270 (Ind. Ct. App. 2010). “"); Ind.Code § 29-1-2-15 (providing "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.”
In re the Est. of Theresa Burnham James Burnham v. Paulette Labean, Pers. Rep. of the Est. of Theresa Burnham, No. 71A03-1201-ES-30 (Ind. Ct. App. Sept. 18, 2012). “” Appellant’s Appendix at 4. It therefore concluded: “Burnham abandoned his wife without just cause and is not entitled to his statutory intestate share as the surviving spouse pursuant to I.”
Supervised Est.: Emily F. Tidd v. Est. of Gary Tidd, Sr., 257 N.E.3d 846 (Ind. Ct. App. 2025). “” Ind. Code § 29-1-2-15 . The probate court’s ruling that physical separation is not required for abandonment directly 1 The Court of Appeals also appears to have applied that standard in its only decision since Hill that cites the burden of proof applicable to the…”
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