IN estate risk
Complexity triggers in Indiana
Scenarios that increase estate risk, such as blended families or multi-state property.
Indiana allows a surviving spouse to elect against the will and provides a statutory family allowance during administration.
At a glance
Key takeaways
- A surviving spouse may elect to take a statutory share of the net estate instead of the will’s provisions.
- A family allowance can be claimed for the surviving spouse (or minor children if no spouse).
Questions to consider
Questions to consider in Indiana
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Indiana allows a surviving spouse to elect against the will and provides a statutory family allowance during administration.
- A surviving spouse may elect to take a statutory share of the net estate instead of the will’s provisions.
- A family allowance can be claimed for the surviving spouse (or minor children if no spouse).
Sources
- https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-3-1/
- https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-4-1/
Background sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Indiana.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Indiana
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Indiana
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.