reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-2. Applicability

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 given to an owner or beneficiary;
(2) give a right to any owner or beneficiary that the owner or beneficiary was not intended to have when the transfer on death security, transfer on death securities account, or pay on death account was created;
(3) impose a duty or liability on any person that was not intended to be imposed when the transfer on death security, transfer on death securities account, or pay on death account was created; or
(4) relieve any person from any duty or liability imposed:
(A) by the terms of the transfer on death security, transfer on death securities account, or pay on death account; or
(B) under prior law.
(b) Subject to section 32 of this chapter, this chapter applies to a transfer on death transfer if at the time the owner designated the beneficiary:
(1) the owner was a resident of Indiana;
(2) the property subject to the beneficiary designation was situated in Indiana;
(3) the obligation to pay or deliver arose in Indiana;
(4) the transferring entity was a resident of Indiana or had a place of business in Indiana; or
(5) the transferring entity's obligation to make the transfer was accepted in Indiana.
(c) This chapter does not apply to property, money, or benefits paid or transferred at death under a life or accidental death insurance policy, annuity, contract, plan, or other product sold or issued by a life insurance company unless the provisions of this chapter are incorporated into the policy or beneficiary designation in whole or in part by express reference.
(d) This chapter does not apply to a transfer on death transfer if the beneficiary designation or an applicable law expressly provides that this chapter does not apply to the transfer.
(e) Subject to IC 9-17-3-9(g), this chapter applies to a beneficiary designation for the transfer on death of a motor vehicle or a watercraft.
(f) The provisions of:
(1) section 22 of this chapter; and
(2) section 26(b)(9) of this chapter;
relating to distributions to lineal descendants per stirpes apply to a transfer on death or payable on death transfer created before July 1, 2009.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.25; P.L.198-2016, SEC.662; P.L.79-2017, SEC.75.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-2.1. Application of Chapter to Preexisting Transfer on Death Transfers

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.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-2.5. Applicability

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 to qualify for a tax exemption or deferral under the Internal Revenue Code;
unless the provisions of this chapter are incorporated into the governing instrument or beneficiary designation in whole or in part by express reference.
As added by P.L.36-2011, SEC.11.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-4. Transfers That Are Not Considered Transfer on Death Transfers; Beneficiary Designation Requirements and Form

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 of a life tenancy.
(3) An inter vivos or a testamentary transfer under a trust established by an individual.
(4) A transfer made under the exercise or nonexercise of a power of appointment.
(5) A transfer made on the death of a person who did not have the right to designate the person's estate as the beneficiary of the transfer.
(b) A beneficiary designation made under this chapter must do the following:
(1) Designate the beneficiary of a transfer on death transfer.
(2) Make the transfer effective upon the death of the owner of the property being transferred.
(3) Comply with this chapter, the conditions of any governing instrument, and any other applicable law.
(c) For purposes of construing this chapter or a beneficiary designation made under this chapter, the death of the last surviving owner of property held by joint owners is considered the death of the owner.
(d) Except as otherwise provided in this chapter, a transfer on death direction is accomplished in a form substantially similar to the following:
(1) Insert Name of the Owner or Owners.
(2) Insert "Transfer on death to" or "TOD" or "Pay on death to" or "POD".
(3) Insert the Name of the Beneficiary or Beneficiaries.
(e) An owner may revoke or change a beneficiary designation at any time before the owner's death.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-5. General Rules Concerning Transfer on Death Transfers

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 transferring entity to carry out the owner's intent to transfer the property under this chapter.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-6. Authority of a Transferring Entity

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 property to the designated beneficiary in accordance with the beneficiary designation and this chapter.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-7. Agreement Between Owner and Transferring Entity

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 agreement:
(1) The submission to the transferring entity of a beneficiary designation under a governing instrument.
(2) Registration by a transferring entity of a transfer on death direction on any certificate or record evidencing ownership of property.
(3) Consent of a contract obligor for a transfer of performance due under the contract.
(4) Consent of a financial institution for a transfer of an obligation of the financial institution.
(5) Consent of a transferring entity for a transfer of an interest in the transferring entity.
(b) When subsection (a) applies, a transferring entity is not required to accept an owner's request to assist the owner in carrying out a transfer on death transfer.
(c) If a beneficiary designation, revocation, or change is subject to acceptance by a transferring entity, the transferring entity's acceptance of the beneficiary designation, revocation, or change relates back to and is effective as of the time the request was received by the transferring entity.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.27.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-8. Transferring Entity's Acceptance of a Beneficiary Designation

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 property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer on death direction, the agreement between the parties, and this chapter.
(b) An agreement described in subsection (a) is subject to the owner's power to revoke or change a beneficiary designation before the owner's death.
(c) A transferring entity's duties under an agreement described in subsection (a) are subject to the following:
(1) Receiving proof of the owner's death.
(2) Complying with the transferring entity's requirements for proof that the beneficiary is entitled to receive the property.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-9. Beneficiary Designation; Effects; Requirements

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 receive the property to the designated beneficiary who survives the death of the owner.
(b) A beneficiary designation is effective under subsection (a) if the beneficiary designation is:
(1) executed; and
(2) delivered;
to the transferring entity before the death of the owner.
(c) A transferring entity shall make a transfer described in subsection (a)(3) unless there is clear and convincing evidence of the owner's different intention at the time the beneficiary designation was created.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.28.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-10. Assignment of Contract Rights

Sec. 10. (a) A written assignment of a contract right that:
(1) assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner; and
(2) expressly states that the assignment does not take effect until the death of the owner;
transfers the right to receive performance due under the contract to the designated assignee beneficiary if the assignment satisfies the requirements of subsection (b).
(b) A written assignment described in subsection (a) is effective upon the death of the owner if the assignment is:
(1) executed; and
(2) delivered;
to the contract obligor before the death of the owner.
(c) A beneficiary assignment described in this section is not required to be supported by consideration or delivered to the assignee beneficiary.
(d) This section does not preclude other methods of assignment that are permitted by law and have the effect of postponing the enjoyment of the contract right until after the death of the owner.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.29.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-12. Transfer on Death Transfers of Tangible Personal 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 beneficiary form;
(2) is in other respects sufficient to transfer the type of property involved; and
(3) is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths or executed in the presence of a disinterested witness.
(b) A beneficiary transfer document described in this section is not required to be supported by consideration or delivered to the transferee beneficiary.
(c) This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and have the effect of postponing enjoyment of the property until after the death of the owner.
(d) For purposes of this section, a witness is disinterested if the witness is not:
(1) the designated transferee beneficiary;
(2) the spouse of the designated transferee beneficiary;
(3) a descendant of the designated transferee beneficiary; or
(4) the spouse of a descendant of the designated transferee beneficiary.
(e) A disinterested witness may prove the owner's execution of a deed of gift, bill of sale, or other writing under this section as a witness may prove the signature of a grantor, principal, or affiant making a conveyance, mortgage, or other instrument of writing under IC 32-21-2-3(a).
As added by P.L.143-2009, SEC.41. Amended by P.L.185-2021, SEC.31.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-13. Direct Transfer to a Transferee to Hold as Owner in Beneficiary Form

Sec. 13. (a) A transferor of property, with or without consideration, may execute a written instrument directly transferring the property to a transferee to hold as owner in beneficiary form.
(b) A transferee under an instrument described in subsection (a) is considered the owner of the property for all purposes and has all the rights to the property provided by law to the owner of the property, including the right to revoke or change the beneficiary designation.
(c) A direct transfer of property to a transferee to hold as owner in beneficiary form is effective when the written instrument perfecting the transfer becomes effective to make the transferee the owner.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-14. Registration in Beneficiary Form

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 beneficiary form by showing on the account record, security certificate, or instrument evidencing ownership of the property:
(1) the name of the owner and, if applicable, the estate by which two (2) or more joint owners hold the property; and
(2) an instruction substantially similar in form to "transfer on death to (insert name of beneficiary)".
An instruction to "pay on death to (insert name of the beneficiary)" and the use of the abbreviations "TOD" and "POD" are also permitted by this section.
(c) Only a transferring entity or a person authorized by the transferring entity may place a transfer on death direction described by this section on an account record, a security certificate, or an instrument evidencing ownership of property.
(d) A transfer on death direction described by this section is effective on the death of the owner and transfers the owner's interest in the property to the designated beneficiary if:
(1) the property is registered in beneficiary form before the death of the owner; or
(2) the transfer on death direction is delivered to the transferring entity before the owner's death.
(e) An account record, security certificate, or instrument evidencing ownership of property that contains a transfer on death direction written as part of the name in which the property is held or registered is conclusive evidence, in the absence of fraud, duress, undue influence, lack of capacity, or mistake, that the direction was:
(1) regularly made by the owner;
(2) accepted by the transferring entity; and
(3) not revoked or changed before the owner's death.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.31.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-15. Beneficiary's Rights Before the Death of the Owner; Effect of the Death of a Joint Owner

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 takes action to enforce a lien, by foreclosure or otherwise through a court proceeding, it is not necessary to join the beneficiary as a party defendant in the action unless the beneficiary has another interest in the real property that has vested.
(b) On the death of one (1) of two (2) or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners. If at least two (2) joint owners survive, the right of survivorship continues as between the surviving owners.
(c) On the death of a tenant by the entireties, property with respect to which a beneficiary designation has been made belongs to the surviving tenant.
(d) On the death of the owner, property with respect to which a beneficiary designation has been made passes by operation of law to the beneficiary.
(e) If two (2) or more beneficiaries survive, there is no right of survivorship among the beneficiaries when the death of a beneficiary occurs after the death of the owner unless the beneficiary designation expressly provides for survivorship among the beneficiaries. Except as expressly provided otherwise, the surviving beneficiaries hold their separate interest in the property as tenants in common. The share of any beneficiary who dies after the owner dies belongs to the deceased beneficiary's estate.
(f) If no beneficiary survives the owner, the property belongs to the estate of the owner unless the beneficiary designation directs the transfer to a substitute beneficiary in the manner required by section 22 of this chapter.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-17. Powers of an Attorney in Fact, a Guardian, a Conservator, or an Agent

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 is not expressly forbidden by the document establishing the agent's right to act on behalf of the owner.
(b) An attorney in fact, guardian, conservator, or other agent may withdraw, sell, pledge, or otherwise transfer property that is subject to a beneficiary designation notwithstanding the fact that the effect of the transaction may be to extinguish a beneficiary's right to receive a transfer of the property at the death of the owner.
(c) The rights of a beneficiary to any part of property that is subject to a beneficiary designation after the death of the owner are determined under IC 29-3-8-6.5 if:
(1) a guardian or conservator takes possession of the property;
(2) the guardian sells, transfers, encumbers, or consumes the property during the protected person's lifetime; and
(3) the owner subsequently dies.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-18. Lost, Destroyed, Damaged, or Involuntarily Converted Property Subject to a Beneficiary Designation

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 had if the owner had survived. However, the beneficiary has no interest in any payment or substitute property received by the owner during the owner's lifetime.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-19. Effect of Conveyances, Assignments, Contracts, Set Offs, Licenses, Easements, Liens, and Security Interests

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 was subject during the owner's lifetime.
(b) A beneficiary of a transfer on death transfer of an account with a bank, savings and loan association, credit union, broker, or mutual fund takes the owner's interest in the property at the death of the owner subject to all requests for payment of money issued by the owner before the owner's death, whether paid by the transferring entity before or after the owner's death, or unpaid. The beneficiary is liable to the payee of an unsatisfied request for payment to the extent that the request represents an obligation that was enforceable against the owner during the owner's lifetime.
(c) Each beneficiary's liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary's proportionate share of the account under the beneficiary designation. Each beneficiary has the right of contribution from the other beneficiaries with respect to a request for payment that is satisfied after the owner's death, to the extent that the request for payment would have been enforceable by the payee during the owner's lifetime.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-20. Beneficiary Required to Survive the Owner

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.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-21. Trusts as Designated Beneficiaries

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 terminated before the death of the owner is considered nonexistent at the owner's death.
(c) Unless a beneficiary designation provides otherwise, a legal entity or trust that does not:
(1) exist; or
(2) come into existence effective as of the owner's death;
is considered nonexistent at the owner's death.
(d) For purposes of this section, an owner's testamentary trust is considered to have come into existence as of the owner's death if the owner's last will and testament is admitted to probate.
As added by P.L.143-2009, SEC.41. Amended by P.L.149-2012, SEC.14.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-22. Substitution for Designated Beneficiaries Who Do Not Survive the Owner

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 lineal descendant of the owner; or
(2) subsection (d) applies in the case of a designated beneficiary who is not a lineal descendant of the owner.
(b) If a designated beneficiary who is a lineal descendant of the owner:
(1) is deceased at the time the beneficiary designation is made;
(2) does not survive the owner; or
(3) is treated as not surviving the owner;
the beneficiary's right to a transfer on death transfer belongs to the beneficiary's lineal descendants per stirpes who survive the owner unless the owner provides otherwise under subsection (c).
(c) An owner may execute a beneficiary designation to which subsection (b) does not apply by:
(1) making the notation "No LDPS" after a beneficiary's name; or
(2) including other words negating an intention to direct the transfer to the lineal descendant substitutes of the nonsurviving beneficiary.
(d) An owner may execute a beneficiary designation that provides that the right to a transfer on death transfer belonging to a beneficiary who is not a lineal descendant of the owner and does not survive the owner belongs to the beneficiary's lineal descendants per stirpes who survive the owner. An owner's intent to direct the transfer to the nonsurviving beneficiary's lineal descendants must be shown by either of the following on the beneficiary designation after the name of the beneficiary:
(1) The words "and lineal descendants per stirpes".
(2) The notation "LDPS".
(e) When two (2) or more individuals receive a transfer on death transfer as substitute beneficiaries under subsection (b) or (d), the individuals are entitled to equal shares of the property if they are of the same degree of kinship to the nonsurviving beneficiary. If the substitute beneficiaries are of unequal degrees of kinship, an individual of a more remote degree is entitled by representation to the share that would otherwise belong to the individual's parent.
(f) If:
(1) a designated beneficiary of a transfer on death transfer does not survive the owner;
(2) either subsection (b) or (d) applies; and
(3) no lineal descendant of the designated beneficiary survives the owner;
the right to receive the property transferred belongs to the other surviving beneficiaries. If no other beneficiary survives the owner, the property belongs to the owner's estate.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-23. Effect of Dissolution or Annulment

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 subsection is effective regardless of whether the beneficiary designation refers to the owner's marital status. The beneficiary designation is given effect as if the former spouse had not survived the owner.
(b) Subsection (a) does not apply to a provision of a beneficiary designation that:
(1) has been made irrevocable, or revocable only with the spouse's consent;
(2) is made after the marriage is dissolved or annulled; or
(3) expressly states that the dissolution or annulment of the marriage does not affect the designation of a spouse or a relative of the spouse as a beneficiary.
(c) A provision of a beneficiary designation that is revoked solely by subsection (a) is revived by the owner's remarriage to the former spouse or by a nullification of the dissolution or annulment of the marriage.
As added by P.L.143-2009, SEC.41. Amended by P.L.36-2011, SEC.14.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-24. Fraud, Duress, Undue Influence, Mistake, or Lack of Capacity

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 added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-25. Rights of Surviving Spouses and Children

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 and not by name includes all children of the person regardless of whether the child is born or adopted before or after the beneficiary designation is made.
(c) Except as provided in subsection (d), a child of the owner born or adopted after the owner makes a beneficiary designation that names another child of the owner as the beneficiary is entitled to receive a fractional share of the property that would otherwise be transferred to the named beneficiary. The share of the property to which each child of the owner is entitled to receive is expressed as a fraction in which the numerator is one (1) and the denominator is the total number of the owner's children.
(d) A beneficiary designation or a governing instrument may provide that subsection (c) does not apply to an owner's beneficiary designation. In addition, a transferring entity is not obligated to apply subsection (c) to property registered in beneficiary form.
(e) If a beneficiary designation does not name any child of the owner as the designated beneficiary with respect to a particular property interest, a child of the owner born or adopted after the owner makes the beneficiary designation is not entitled to any share of the property interest subject to the designation.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.33; P.L.36-2011, SEC.15.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-29. Creditors of an Owner

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 under IC 32-17-13.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-30. Change in the Beneficiary Designation, Residency of the Owner, or Location of the Transferring Entity or Property

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 change in the:
(1) beneficiary designation;
(2) residency of the owner;
(3) residency or place of business of the transferring entity; or
(4) location of the property.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-31. Duties of the Probate Court

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 determine questions and issue appropriate orders concerning any action to:
(1) obtain the distribution of any money or property from a transferring entity; or
(2) with respect to money or property that was improperly distributed to any person, obtain the return of:
(A) any money or property and income earned on the money or property; or
(B) an amount equal to the sum of the value of the money or property plus income and gain realized from the money or property.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 14. Transfer on Death Property Act › 32-17-14-32. Out-of-State Beneficiary Designations

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 of another state;
is governed by the law of that state.
(b) A transfer on death transfer subject to a law described in subsection (a) may be executed and enforced in Indiana.
(c) Except for transfer on death deeds, the meaning and legal effect of a transfer on death transfer is determined by the law of the state selected in a governing instrument or beneficiary designation.
As added by P.L.143-2009, SEC.41.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 1. General Provisions › 32-17.5-1-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 32-3-2-1, IC 32-3-2-3, IC 32-3-2-4, IC 32-3-2-5, and IC 32-3-2-6 concerning disclaimer of interests (before their repeal, codified at IC 32-17-7, before its repeal) by P.L.276-1989 do not apply to disclaimers that are effective before July 1, 1989.
As added by P.L.220-2011, SEC.519.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 1. General Provisions › 32-17.5-1-1. Applicability

Sec. 1. This article applies to a disclaimer of an interest in or power over property created after June 30, 2003.
As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.36.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 1. General Provisions › 32-17.5-1-2. Effect on Other Statutes

Sec. 2. This chapter does not limit the right of a person to waive, release, disclaim, or renounce an interest in or power over property under a statute other than this article.
As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.37.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 1. General Provisions › 32-17.5-1-3. Disclaiming Interest in Existence on July 1, 2003

Sec. 3. Except as otherwise provided in IC 32-17.5-8, an interest in or power over property existing on July 1, 2003, may be disclaimed after June 30, 2003, if the time for delivering or filing a disclaimer under IC 32-17-7 (before its repeal) has not expired.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 1. General Provisions › 32-17.5-1-4. Construction

Sec. 4. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-1. "Beneficiary Designation"

Sec. 1. "Beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:
(1) an annuity or insurance policy;
(2) an account with a designation for payment on death;
(3) a security registered in beneficiary form;
(4) a pension, profit sharing, retirement, or other employment related benefit plan; or
(5) any other nonprobate transfer at death, except for property held as joint tenants with rights of survivorship or as tenants by the entireties.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-2. "Disclaimant"

Sec. 2. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-3. "Disclaimed Interest"

Sec. 3. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-5. "Fiduciary"

Sec. 5. "Fiduciary" means:
(1) a personal representative, a trustee, or an agent acting under a power of attorney; or
(2) a person authorized to act as a fiduciary with respect to the property of another person.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-6. "Future Interest"

Sec. 6. "Future interest" means an interest that, if it takes effect in possession or enjoyment, takes effect later than the time of its creation.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-7. "Jointly Held Property"

Sec. 7. "Jointly held property" means property held in the name of at least two (2) persons under an arrangement in which:
(1) all holders have concurrent interests; and
(2) the last surviving holder is entitled to the whole of the property.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-8. "Person"

Sec. 8. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency, or instrumentality, a public corporation, or any other legal or commercial entity.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-9. "State"

Sec. 9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or Alaskan native village recognized by federal law or formally acknowledged by a state.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 2. Definitions › 32-17.5-2-11. "Trust"

Sec. 11. "Trust" means:
(1) a charitable or noncharitable express trust and any additions to the trust, regardless of when or how the trust is created; and
(2) a trust created under a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-1. Disclaiming Power or Interest in Property

Sec. 1. A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if the creator of the interest or power imposed:
(1) a spendthrift provision or similar restriction on transfer; or
(2) a restriction or limitation on the right to disclaim.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-2. Fiduciary's Right to Disclaim

Sec. 2. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if:
(1) the creator of the power or interest imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim; or
(2) an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-3. Disclaimer Requirements

Sec. 3. (a) As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(b) A disclaimer must:
(1) be in a writing or other record;
(2) state that it is a disclaimer;
(3) describe the interest or power disclaimed;
(4) be signed by the person making the disclaimer; and
(5) be delivered or filed in the manner provided in IC 32-17.5-7.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-4. Partial Disclaimer

Sec. 4. A partial disclaimer may be expressed as:
(1) a fraction;
(2) a percentage;
(3) a monetary amount;
(4) a term of years;
(5) a limitation of a power; or
(6) any other interest or estate in the property.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-5. When Irrevocable

Sec. 5. A disclaimer becomes irrevocable upon the occurrence of the later of the following to occur:
(1) The disclaimer is delivered or filed as set forth in IC 32-17.5-7.
(2) The disclaimer becomes effective as set forth in IC 32-17.5-4 through IC 32-17.5-6.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 3. Power to Disclaim; Irrevocability of Disclaimer › 32-17.5-3-6. Disclaimer Not a Transaction, Assignment, or Release

Sec. 6. A disclaimer made under this article is not a transfer, an assignment, or a release.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 4. Disclaimer of Interest in Property › 32-17.5-4-1. Rules Applicable to a Disclaimer of an Interest in Property

Sec. 1. Except for a disclaimer under IC 32-17.5-5 or IC 32-17.5-6-1, the following rules apply to a disclaimer of an interest in property:
(1) A disclaimer takes effect:
(A) when the instrument creating the interest becomes irrevocable; or
(B) upon the intestate's death if the interest arose under the law of intestate succession.
(2) A disclaimed interest passes according to any provision in the instrument creating the interest:
(A) that provides for the disposition of the interest should the interest be disclaimed; or
(B) that concerns disclaimed interests in general.
(3) If the instrument creating the disclaimed interest does not contain a provision described in subdivision (2), the following rules apply:
(A) If the disclaimant is an individual, the following rules apply:
(i) Except as provided in items (ii) and (iii), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(ii) If, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive at the time of distribution.
(iii) If the disclaimed interest would have passed to the disclaimant's estate had the disclaimant died before the time of distribution, the disclaimed interest passes by representation to the descendants of the disclaimant who survive at the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest becomes part of the residue under the instrument creating the disclaimed interest.
(B) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(4) If the disclaimed interest arose under the law of intestate succession, the disclaimed interest passes as if the disclaimant had died immediately before the intestate's death.
(5) Upon the disclaimer of a preceding interest:
(A) a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution; and
(B) a future interest held by the disclaimant is not accelerated in possession or enjoyment.
(6) If a beneficiary of a transfer on death transfer (as defined in IC 32-17-14-3(17)) disclaims an interest in the property, the disclaimant's interest in the property passes as follows:
(A) In the case of a disclaimant who is an individual, as if the disclaimant had died immediately before the death of the owner (as defined in IC 32-17-14-3(7)).
(B) In the case of a disclaimant who is not an individual, as if the disclaimant did not exist before the death of the owner (as defined in IC 32-17-14-3(7)).
As added by P.L.5-2003, SEC.1. Amended by P.L.238-2005, SEC.54; P.L.6-2010, SEC.38; P.L.190-2016, SEC.41; P.L.231-2019, SEC.45.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 5. Disclaimer of Rights of Survivorship in Jointly Held Property › 32-17.5-5-1. Disclaimer by Surviving Joint Holder

Sec. 1. (a) This subsection applies upon the death of a holder of jointly held property only if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a part of the property attributable to the deceased holder's contribution without consent of any other holder. Another holder may disclaim an amount that may not exceed the amount determined in STEP THREE of the following formula:
STEP ONE: Determine the amount of the property attributable to the deceased holder's contributions.
STEP TWO: Determine the quotient of:
(A) one (1); divided by
(B) the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
STEP THREE: Determine the product of:
(A) the STEP ONE amount; multiplied by
(B) the STEP TWO quotient.
(b) This subsection applies in the case of the death of a holder of jointly held property that is not subject to subsection (a). Another holder may disclaim an amount that may not exceed the amount determined in STEP FOUR of the following formula:
STEP ONE: Determine the value of the total amount of the jointly held property.
STEP TWO: Determine the product of:
(A) the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; multiplied by
(B) the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.
STEP THREE: Determine the quotient of:
(A) one (1); divided by
(B) the STEP TWO result.
STEP FOUR: Determine the product of:
(A) the value determined in STEP ONE; multiplied by
(B) the quotient determined in STEP THREE.
(c) A disclaimer under subsection (a) or (b) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(d) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.39; P.L.42-2011, SEC.64; P.L.178-2011, SEC.11.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 6. Disclaimer of Certain Powers or Interests › 32-17.5-6-1. Disclaimer by Trustee

Sec. 1. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
As added by P.L.5-2003, SEC.1.