Introduced Version
SENATE BILL No. 530
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 29-1-3-1; IC 32-17-14-2.2.
Synopsis: Transfers on death and spousal shares. Provides that a
transfer on death transfer: (1) is subject to the spousal elective share;
and (2) must be allocated to the estate of the decedent solely for the
purpose of computing the spousal share.
Effective: July 1, 2025.
Crider
January 16, 2025, read first time and referred to Committee on Judiciary.
2025 IN 530—LS 7720/DI 106 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 530
A BILL FOR AN ACT to amend the Indiana Code concerning
probate.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 29-1-3-1, AS AMENDED BY P.L.61-2006,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) When a married individual dies testate as to
4 any part of the individual's estate, the surviving spouse is entitled to
5 take against the will under the limitations and conditions stated in this
6 chapter. The surviving spouse, upon electing to take against the will,
7 is entitled to one-half (1/2) of the net personal and real estate of the
8 testator. However, if the surviving spouse is a second or other
9 subsequent spouse who did not at any time have children by the
10 decedent and the decedent left surviving a child or children or the
11 descendants of a child or children by a previous spouse, the surviving
12 second or subsequent childless spouse shall upon such election take
13 one-third (1/3) of the net personal estate of the testator plus an amount
14 equal to twenty-five percent (25%) of the remainder of:
15 (1) the fair market value as of the date of death of the real
16 property of the testator; minus
17 (2) the value of the liens and encumbrances on the real property
2025 IN 530—LS 7720/DI 106 2
1 of the testator.
2 (b) In determining the net estate of a deceased spouse for the
3 purpose of computing the amount due the surviving spouse electing to
4 take against the will, the court shall consider only:
5 (1) such property as that would have passed under the laws of
6 descent and distribution; and
7 (2) property that would have otherwise passed under the laws
8 of descent and distribution, but for the fact that the property
9 was transferred through a transfer on death transfer under
10 IC 32-17-14, or through any other day of death property
11 transfer.
12 (b) (c) When the value of the property given the surviving spouse
13 under the will is less than the amount the surviving spouse would
14 receive by electing to take against the will, the surviving spouse may
15 elect to retain any or all specific bequests or devises given to the
16 surviving spouse in the will at their fair market value as of the time of
17 the decedent's death and receive the balance due in cash or property.
18 (c) (d) Except as provided in subsection (b) subsection (c), in
19 electing to take against the will, the surviving spouse is deemed to
20 renounce all rights and interest of every kind and character in the
21 personal and real property of the deceased spouse, and to accept the
22 elected award in lieu thereof.
23 (d) (e) When a surviving spouse elects to take against the will, the
24 surviving spouse shall be deemed to take by descent, as a modified
25 share, the part of the net estate as does not come to the surviving
26 spouse by the terms of the will. Where by virtue of an election pursuant
27 to this chapter it is determined that the surviving spouse has renounced
28 the surviving spouse's rights in any devise, either in trust or otherwise,
29 the will shall be construed with respect to the property so devised to the
30 surviving spouse as if the surviving spouse had predeceased the
31 testator.
32 SECTION 2. IC 32-17-14-2.2 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 2.2. (a) A transfer on death
35 transfer under this chapter:
36 (1) is subject to the spousal elective share provisions of
37 IC 29-1-3-1; and
38 (2) must be allocated to the estate of the decedent solely for
39 the purpose of computing and awarding the spousal elective
40 share of a spouse who takes against the will under
41 IC 29-1-3-1.
42 (b) A transfer on death transfer under this chapter is a day of
2025 IN 530—LS 7720/DI 106 3
1 death transfer and not an inter vivos transfer.
2025 IN 530—LS 7720/DI 106