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Spousal Elective Share Law in Indiana

In Indiana, a surviving spouse can take against the will and receive one-half of the net estate (less for a second or later childless spouse when the decedent left children from a prior marriage), electing within 3 months after the order admitting the will to probate.

Last checked . General information, not legal advice.

Indiana at a glance

Elective share
1/2 of the net estate
A later childless spouse, where the decedent left children by a prior spouse, gets 1/3 of net personal estate plus 25% of net real estate.
Deadline to elect
3 months after the order admitting the will
Pending will litigation extends the deadline to 30 days after the litigation ends.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Indiana

How much can a surviving spouse claim in Indiana if left out of the will?

Elective share in Indiana: 1/2 of the net estate. A later childless spouse, where the decedent left children by a prior spouse, gets 1/3 of net personal estate plus 25% of net real estate.

What is the deadline to claim the elective share in Indiana?

Deadline to elect in Indiana: 3 months after the order admitting the will. Pending will litigation extends the deadline to 30 days after the litigation ends.

Is Indiana a community property state?

No. Community property state in Indiana: no. Not on the IRS list of community property states.

Where do the Indiana spousal elective share laws come from?

The rules above come from Ind. Code 29-1-3-1 and Ind. Code 29-1-3-2. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.