Presumption of death of nonresident; circumstances; intestate
succession of title; vesting in nonresident's heirs
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.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006