Indiana Code
Ind. Code § 29-1-2-6 (2026)
Afterborn children; inheritance
✓ current as of May 2026
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.
Notes of Decisions
Cited in 3
cases, 1997–2004 · leading case: Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997).
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997). “Additionally, Indiana Code Section 29-1-2-6 states as follows: 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.”
In Re the Est. of Long, 804 N.E.2d 1176 (Ind. Ct. App. 2004). “The Applicable Law Tammy's assertion that the La-mey court's holding that all heirship relationships become absolute at a decedent's death is contrary to Indiana Code section 29-1-2-6, which provides: Descendants of the intestate, begotten before his death but born thereafter,…”
Johnson Controls, Inc. v. Forrester, 704 N.E.2d 1082 (Ind. Ct. App. 1999). “Code § 29-1-1-3 3 and § 29-1-2-6 4 ). Accordingly, we reasoned that the heirship *1085 relationship between the child and the decedent is “frozen” at the decedent’s death.”
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