Sec. 4. When real or personal property which has been specifically devised, or charged with a legacy, shall be sold or taken by the personal representative for the payment of:

(1) claims;

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Terms Used In Indiana Code 29-1-17-4

  • Devise: To gift property by will.
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) general legacies;

(3) the allowance provided by IC 29-1-4-1;

(4) the shares of pretermitted heirs; or

(5) the share of the surviving spouse who elects to take against the will;

other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken, so as to accomplish an abatement in accordance with the provisions of section 3 of this chapter. The court shall, at the time of the hearing on the petition for final distribution, determine the amounts of the respective contributions and whether the same shall be made before distribution or shall constitute a lien on specific property which is distributed.

Formerly: Acts 1953, c.112, s.1704. As amended by Acts 1981, P.L.260, SEC.3; P.L.42-2011, SEC.63.

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