Elective Share in Indiana
State-specific overview · Estate & Probate
Indiana grants a surviving spouse one-third of the estate, or one-half if no children or descendants survive.
How Indiana treats Elective Share
Indiana's elective share follows a common-law approach with a percentage-based system that adjusts for the presence of descendants. A surviving spouse may elect to take one-third of the net estate if the deceased left children or descendants, or one-half if no children or lineal descendants survive. The elective share overrides any will provision that gives the spouse less than this statutory amount. Indiana law treats the elective share as a protection against unintentional or intentional disinheritance.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Indiana.