Detailed Answer
Under Indiana law, a surviving spouse can request a family allowance from the decedent’s estate to cover living expenses during probate. Indiana Code §29-1-12-1 (IC 29-1-12-1) entitles a spouse to a reasonable allowance regardless of the will. To prove entitlement, the spouse must demonstrate a valid marriage. A certified marriage certificate serves as prima facie evidence (IC 29-1-11-6).
If the original certificate is incomplete or missing, the probate court may delay or deny the allowance claim until you provide sufficient proof of marriage. Common alternatives include:
- Affidavits from the officiant or witnesses present at the ceremony.
- Church or synagogue records showing the marriage date and parties.
- County marriage license application or record of issuance from the Clerk’s office.
- Newspaper announcements or family Bibles documenting the marriage.
To replace or correct a defective certificate, contact the Indiana State Department of Health, Vital Records Division. You can request a certified copy online or by mail. If the record office cannot locate a copy, file an administrative correction request under Indiana Code §16-37-1-19 (IC 16-37-1-19). Once you secure acceptable proof, refile your allowance claim with the probate court.
Absent any documentary or testimonial proof, the court may require you to file an action to establish the validity of the marriage before ruling on the allowance. Until the court recognizes you as the legal spouse, it will not grant the family allowance.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Obtain a certified copy of your marriage certificate from the county recorder or state vital records promptly.
- Gather secondary evidence (affidavits, religious records) before filing probate documents.
- Review Indiana Code §29-1-12-1 and §29-1-11-6 to understand filing deadlines and proof requirements.
- Correct incomplete certificates through the Division of Vital Records under IC 16-37-1-19.
- Consider consulting a probate attorney if the court questions your proof of marriage.