Sec. 3. (a) The election to take the share hereinbefore provided shall be
in writing, signed and acknowledged by the surviving spouse or by the
guardian of the estate and shall be filed in the office of the
clerk of the court. It may be in the following form:
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Terms Used In Indiana Code 29-1-3-3
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Probate: Proving a will
Signed,
(Signature)
(Acknowledgment)
(b) Said election shall be recorded by such clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded.
(c) The clerk shall cause a copy of said election to be served upon the personal representative and the personal representative’s attorney of record through the E-filing System of the Indiana Courts or by first class postage prepaid mail addressed to such persons at their respective addresses as shown by the petition for probate of will and appointment of personal representative.
Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975, P.L.288, SEC.2. As amended by P.L.162-2022, SEC.6.
