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Indiana Code Title 32. Property § 32-17-13-1

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1. (a) As used in this chapter, “nonprobate transfer” means a valid transfer, effective at death, by a transferor:

(1) whose last domicile was in Indiana;  and

(2) who immediately before death had the power, acting alone, to prevent transfer of the property by revocation or withdrawal and:

(A) use the property for the benefit of the transferor;  or

(B) apply the property to discharge claims against the transferor's probate estate.

(b) The term does not include a transfer at death (other than a transfer to or from the deceased transferor's probate estate) of:

(1) a survivorship interest in a tenancy by the entireties real estate;

(2) a life insurance policy or annuity;

(3) the death proceeds of a life insurance policy or annuity;

(4) an individual retirement account or a similar account or plan;  or

(5) benefits under an employee benefit plan.

(c) With respect to a nonprobate transfer involving a multiple party account, a nonprobate transfer occurs if the last domicile of the depositor whose interest is transferred under IC 32-17-11 was in Indiana.

(d) With respect to a motor vehicle or a watercraft, a nonprobate transfer occurs if the transferee obtains a certificate of title in Indiana under IC 9-17.

(e) A transfer on death transfer completed under IC 32-17-14 is a nonprobate transfer.

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Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-17-13-1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-17-13-1/

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