Presumption of Death of Nonresident; Circumstances; Intestate Succession of Title; Vesting in Nonresident's Heirs

Checkout our iOS App for a better way to browser and research.

Sec. 18. (a) A nonresident who, if alive, would be entitled to take and to own real estate in Indiana by descent or devise is presumed dead if the following conditions are met:

(1) The nonresident has been absent from the nonresident's last place of residence in any other state or country for seven (7) years.

(2) A spouse, parent, child, or sibling of the nonresident has not heard from the nonresident for seven (7) years.

(b) The real estate that a nonresident described in subsection (a) otherwise would have taken descends from the nonresident to the nonresident's heirs under IC 29.

(c) Title that passes under subsection (b) vests in a nonresident's heirs upon full compliance with the provisions of section 19 of this chapter.

[Pre-2002 Recodification Citation: 32-6-6-1.]

As added by P.L.2-2002, SEC.15.


Download our app to see the most-to-date content.