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Current as of January 01, 2026 | Updated by Findlaw Staff
Sec. 8. (a) When a testator fails to provide a will for any of the testator's children born or adopted after the making of the testator's last will, such child, whether born before or after the testator's death, shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will that such omission was intentional, or unless:
(1) when the will was executed the testator had one (1) or more children known to the testator to be living; and
(2) the testator devised substantially all of the testator's estate to the spouse who survives the testator's death.
(b) If, at the time of the making of the testator's will, the testator believes any of the testator's children to be dead, and fails to provide for such child in the testator's will, the child shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will or from other evidence that the testator would not have devised anything to such child had the testator known that the child was alive.
Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-1-3-8 - last updated January 01, 2026 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-3-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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