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;
(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.
Structure Indiana Code
Chapter 17. Distribution and Discharge
29-1-17-2. Final Accounts; Decree of Final Distribution
29-1-17-3. Abatement of Distributee Shares
29-1-17-4. Abatement of Distributee Shares; Contribution by Legatees and Devisees
29-1-17-6. Indebtedness of Distributee; Offset
29-1-17-7. Income Received During Administration
29-1-17-8. General Legacies; Interest
29-1-17-9. Specific Devise; Liens
29-1-17-11. Undivided Interests; Distribution, Partition
29-1-17-12. Unclaimed Estate Assets; Disposition Procedures; Escheat; Time Limit; Exceptions
29-1-17-13. Supplemental Reports; Discharge; Limitation of Actions
29-1-17-13.5. Distribution of Assets From Certain Solvent Supervised Estates
29-1-17-15.1. Petition to Determine Heirs of Estate; Contents; Notice; Hearing; Decree