Ind. Code » Title 29
Indiana Code

Ind. Code § 29-1-3-2 (2026)

Time

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     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.

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2017–2025 · leading case: In the Matter of the Revocable Trust Agreement created by the Settlor, Anil Kumar Sarkar Dipa Sarkar v. Anuradha (\Mili\") Sarkar Naugle", 84 N.E.3d 666 (Ind. Ct. App. 2017).
Sort: Relevance Newest Treatment
In the Matter of the Revocable Trust Agreement created by the Settlor, Anil Kumar Sarkar Dipa Sarkar v. Anuradha (\Mili\") Sarkar Naugle", 84 N.E.3d 666 (Ind. Ct. App. 2017). · cites it 4× “Ind. Code § 29-1-3-2 (emphasis added). This section extended the time permitted under the previous probate code in order “to give the surviving spouse an opportunity to determine the value of the estate before exercising his [or her] right of election.”
Unsupervised Est.: Bobbe Singleton v. The Nat'l Bank of Indianapolis (Ind. Ct. App. 2025). · cites it 12× “Ind. Code § 29-1-3-2 . [10] Bobbe first contends the trial court’s May 8, 2017, order did not “admit” William’s will to probate because the order “neither includes the word ‘admit’ in the caption nor in text.”
Ind. Code § 29-1-3-2(a): 1 case
Unsupervised Est.: Bobbe Singleton v. The Nat'l Bank of Indianapolis (Ind. Ct. App. 2025). “Ind. Code § 29-1-3-2 . [10] Bobbe first contends the trial court’s May 8, 2017, order did not “admit” William’s will to probate because the order “neither includes the word ‘admit’ in the caption nor in text.”
Ind. Code § 29-1-3-2(b): 2 cases
In the Matter of the Revocable Trust Agreement created by the Settlor, Anil Kumar Sarkar Dipa Sarkar v. Anuradha (\Mili\") Sarkar Naugle", 84 N.E.3d 666 (Ind. Ct. App. 2017). “Ind. Code § 29-1-3-2 (emphasis added). This section extended the time permitted under the previous probate code in order “to give the surviving spouse an opportunity to determine the value of the estate before exercising his [or her] right of election.”
Unsupervised Est.: Bobbe Singleton v. The Nat'l Bank of Indianapolis (Ind. Ct. App. 2025). “Ind. Code § 29-1-3-2 . [10] Bobbe first contends the trial court’s May 8, 2017, order did not “admit” William’s will to probate because the order “neither includes the word ‘admit’ in the caption nor in text.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.