Title 32, PROPERTY

Sec. 12. (a) A deed of gift, bill of sale, or other writing intended to transfer an interest in tangible personal property is effective on the death of the owner and transfers ownership to the designated transferee beneficiary if the document: (1) expressly creates ownership in b…

Sec. 13. (a) An owner of property, with or without consideration, may execute a written instrument directly transferring the property to one (1) or more individuals as a grantee to hold as owner in beneficiary form. Any grantee may be an individual different from or in addition t…

Sec. 14. (a) Property may be held or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on the death of the owner to a beneficiary designated by the owner. (b) Property is registered in benefici…

Sec. 15. (a) Before the death of the owner, a beneficiary has no rights in the property because of the beneficiary designation. The signature or agreement of the beneficiary is not required for any transaction relating to property transferred under this chapter. If a lienholder t…

Sec. 16. (a) A beneficiary designation may be revoked or changed during the lifetime of the owner. (b) A revocation or change of a beneficiary designation involving property owned as tenants by the entirety must be made with the agreement of both tenants for so long as both tenan…

Sec. 17. (a) An attorney in fact, guardian, conservator, or other agent acting on the behalf of the owner of property may make, revoke, or change a beneficiary designation if: (1) the action complies with the terms of this chapter and any other applicable law; and (2) the action …

Sec. 18. If property subject to a beneficiary designation is lost, destroyed, damaged, or involuntarily converted during the owner's lifetime, the beneficiary succeeds to any right with respect to the loss, destruction, damage, or involuntary conversion that the owner would have …

Sec. 19. (a) A beneficiary of a transfer on death transfer takes the owner's interest in the property at the death of the owner subject to all conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests made by the owner or to which the owner…

Sec. 2. (a) Except as provided elsewhere in this chapter, this chapter applies to a transfer on death security, transfer on death securities account, and pay on death account created before July 1, 2009, unless the application of this chapter would: (1) adversely affect a right g…

Sec. 2.1. An amendment to the rules of law contained in this chapter applies to all transfer on death transfers created prior to the effective date of the applicable amendment. As added by P.L.149-2012, SEC.13.

Sec. 2.5. This chapter does not apply to property, money, or benefits paid or transferred at death under: (1) an employee benefit plan governed by the Employees Retirement Income Security Act of 1974; (2) an individual retirement account; or (3) a similar account or plan intended…

Sec. 20. An individual who is a beneficiary of a transfer on death transfer is not entitled to a transfer unless the individual: (1) survives the owner; and (2) survives the owner by the time, if any, required by the terms of the beneficiary designation. As added by P.L.143-2009,…

Sec. 21. (a) A trustee of a trust may be a designated beneficiary regardless of whether the trust is amendable, revocable, irrevocable, funded, unfunded, or amended after the designation is made. (b) Unless a beneficiary designation provides otherwise, a trust that is revoked or …

Sec. 22. (a) Notwithstanding sections 9 and 20 of this chapter, a designated beneficiary's rights under this chapter are not extinguished when the designated beneficiary does not survive the owner if: (1) subsection (b) applies in the case of a designated beneficiary who is a lin…

Sec. 23. (a) If, after an owner makes a beneficiary designation, the owner's marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner's former spouse is revoked on the date the marriage is dissolved or annulled. Revocation under this s…

Sec. 24. (a) A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress, undue influence, or mistake or because the owner lacked capacity is void. (b) A beneficiary designation made under this chapter is subject to IC 29-1-2-12.1. As …

Sec. 25. (a) In accordance with IC 32-17-13, a transfer on death transfer may be subject to the payment of the surviving spouse and family allowances under IC 29-1-4-1. (b) A beneficiary designation designating the children of the owner or children of any other person as a class …

Sec. 26. (a) If an agreement between the owner and a transferring entity is required to carry out a transfer on death transfer as described in section 7 of this chapter, a transferring entity may not adopt rules for the making, execution, acceptance, and revocation of a beneficia…

Sec. 27. (a) An owner who makes arrangements for a transfer on death transfer under this chapter gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation. (b) A transferring entity may execute a transfer on death …

Sec. 28. (a) The protections provided to a transferring entity or to a purchaser or lender for value by this chapter do not affect the rights of beneficiaries or others involved in disputes that: (1) are with parties other than a transferring entity or purchaser or lender for val…

Sec. 29. (a) This chapter does not limit the rights of an owner's creditors against beneficiaries and other transferees that may be available under any other applicable Indiana law. (b) The liability of a beneficiary for creditor claims and statutory allowances is determined unde…

Sec. 3. The following definitions apply throughout this chapter: (1) "Beneficiary" means a person designated or entitled to receive property because of another person's death under a transfer on death transfer. (2) "Beneficiary designation" means a written instrument other than a…

Sec. 30. Except as otherwise provided by law, a transfer on death transfer and the obligation of a transferring entity to execute the transfer on death transfer that are subject to this chapter under section 2(b) of this chapter remain subject to this chapter notwithstanding a ch…

Sec. 31. (a) The probate court shall hear and determine questions and issue appropriate orders concerning the determination of the beneficiary who is entitled to receive a transfer on death transfer and the proper share of each beneficiary. (b) The probate court shall hear and de…

Sec. 32. (a) Except for transfer on death deeds, a beneficiary designation that purports to have been made and is valid under: (1) the Uniform Probate Code as enacted by another state; (2) the Uniform TOD Security Registration Law as enacted by another state; or (3) a similar law…

Sec. 4. (a) The following transfers of ownership are not considered transfer on death transfers for purposes of this chapter: (1) Transfers by rights of survivorship in property held as joint tenants or tenants by the entirety. (2) A transfer to a remainderman on the termination …

Sec. 5. A transfer on death transfer: (1) is effective with or without consideration; (2) is not considered testamentary; (3) is not subject to the requirements for a will or for probating a will under IC 29-1; and (4) may be subject to an agreement between the owner and a transf…

Sec. 6. For the purpose of discharging its duties under this chapter, the authority of a transferring entity acting as agent for an owner of property subject to a transfer on death transfer does not cease at the death of the owner. The transferring entity shall transfer the prope…

Sec. 7. (a) If any of the following are required by the transferring entity, an agreement between the owner and the transferring entity is necessary to carry out a transfer on death transfer, which may be made in accordance with the rules, terms, and conditions set forth in the a…

Sec. 8. (a) If a transferring entity accepts a beneficiary designation or beneficiary assignment or registers property in beneficiary form, the acceptance or registration constitutes the agreement of the owner and the transferring entity that, subject to this section, the owner's…

Sec. 9. (a) Except as provided in subsection (c), a beneficiary designation that satisfies the requirements of subsection (b): (1) authorizes a transfer of property under this chapter; (2) is effective on the death of the owner of the property; and (3) transfers the right to rece…

Sec. 0.5. For purposes of this chapter, transfer fee covenants are limited to only transactions that involve the transfer of property for consideration to the owner. As added by P.L.162-2026, SEC.19.

Sec. 1. As used in this chapter, "transfer" means the transfer of an interest in real property located in Indiana by: (1) sale; (2) conveyance; (3) assignment; or (4) other means of transfer; for consideration to the owner. As added by P.L.136-2011, SEC.1. Amended by P.L.6-2012, …

Sec. 2. (a) As used in this chapter, "transfer fee" means a fee or charge that: (1) is required under a transfer fee covenant; and (2) is payable: (A) upon the transfer of an interest in real property; or (B) for the right to make or accept a transfer of an interest in real prope…

Sec. 3. As used in this chapter, "transfer fee covenant" means a declaration or covenant, however denominated and regardless of whether it is recorded, that: (1) purports to affect an interest in real property located in Indiana; and (2) requires or purports to require the paymen…

Sec. 4. (a) A transfer fee covenant recorded in Indiana after June 30, 2011: (1) does not run with the title of the interest in real property the transfer fee covenant purports to affect; and (2) is not binding or enforceable at law or in equity, as an equitable servitude or othe…

Sec. 1. As used in this chapter, "common expenses" means: (1) all sums lawfully assessed against a subdivision by a homeowners association; (2) expenses of: (A) administration; (B) maintenance; (C) repair; or (D) replacement; of subdivision common areas and facilities; (3) expens…

Sec. 2. As used in this chapter, "homeowners association" means all the owners of real estate in a subdivision acting as an entity in accordance with any: (1) bylaws; (2) covenants; or (3) other written instruments; of the homeowners association. As added by P.L.135-2007, SEC.3.…

Sec. 3. As used in this chapter, "real estate" means a right, a title, or an interest in real property. As added by P.L.135-2007, SEC.3.

Sec. 4. As used in this chapter, "subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4. As added by P.L.135-2007, S…

Sec. 5. (a) All sums assessed by a homeowners association but unpaid for the share of the common expenses chargeable to an owner of real estate in a subdivision constitute a homeowners association lien on the real estate effective as provided in section 6 of this chapter. (b) The…

Sec. 6. (a) A homeowners association lien under this chapter attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located. (b) A homeowners association lien under this …

Sec. 7. (a) Except as provided in subsection (b), in a voluntary conveyance, the grantee of real estate is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the grant or conv…

Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint: (1) may not be filed earlier than ninety (90) days,…

Sec. 9. (a) A homeowners association lien under this chapter is void if both of the following occur: (1) The owner of the real estate subject to the homeowners association lien or any person or corporation having an interest in the real estate, including a mortgagee or a lienhold…

Sec. 1. Unless requested, a clerk is not required to make a complete record of the proceedings in actions to quiet title. A record of the judgment in such cases, when properly recorded in the office of the county recorder, is sufficient. [Pre-2002 Recodification Citation: 32-15-1…