Transfer on death conveyance; requirements

Ind. Code § 9-17-3-9, under Chapter 3. Expiration, Replacement, and Transfer of Certificates of Title.

Ind. Code § 9-17-3-9

Sec. 9. (a) The owner or owners of a vehicle may create an interest in the vehicle that is transferrable on the death of the owner or owners by obtaining a certificate of title conveying the interest in the vehicle to one (1) or more persons as transfer on death beneficiaries. (b) Subject to subsection (e), an interest in a vehicle transferred under this section vests upon the death of the owner or owners. (c) A certificate of title that is: (1) worded in substance as "A.B. transfers on death to C.D." or "A.B. and C.D. transfer on death to E.F."; and (2) signed by the owner or owners; is a good and sufficient conveyance on the death of the owner or owners to the transferee or transferees. (d) A certificate of title obtained under this section is not required to be: (1) supported by consideration; or (2) delivered or transmitted to the named transfer on death beneficiary or beneficiaries; to be effective. (e) Upon the death of the owner or owners conveying an interest in a vehicle in a certificate of title obtained under this section, the interest in the vehicle is transferred to each beneficiary who is described by either of the following: (1) The beneficiary: (A) is named in the certificate; and (B) survives the transferor. (2) The beneficiary: (A) survives the transferor; and (B) is entitled to an interest in the vehicle under IC 32-17-14-22 following the death of a beneficiary who: (i) is named in the certificate; and (ii) did not survive the transferor. (f) A certificate of title designating a transfer on death beneficiary is not testamentary. (g) In general, IC 32-17-14 applies to a certificate of title designating a transfer on death beneficiary. However, a particular provision of IC 32-17-14 does not apply if it is inconsistent with the requirements of this section or IC 9-17-2-2(b). As added by P.L.83-2008, SEC.5. Amended by P.L.143-2009, SEC.3; P.L.6-2010, SEC.4; P.L.36-2011, SEC.1; P.L.81-2015, SEC.2; P.L.79-2017, SEC.60; P.L.27-2018, SEC.10.