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.

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Terms Used In Indiana Code 32-30-3-18

  • Devise: To gift property by will.
(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.