When a person dies, his real and personal property, passes to persons to whom it is devised by his last will, or, in the absence of such disposition, to the persons who succeed to his estate as his heirs; but it shall be subject to the possession of the personal representative and to the election of the surviving spouse and shall be chargeable with the expenses of administering the estate, the payment of other claims and the allowance is under IC 29-1-4-1 , except as otherwise provided in IC 29-1 .

Formerly: Acts 1953, c.112, s.723. As amended by Acts 1976, P.L.125, SEC.2; Acts 1979, P.L.268, SEC.3.