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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
32-17-14-11. Transfer on Death Deeds
Sec. 11. (a) A transfer on death deed transfers the interest provided to the beneficiary if the transfer on death deed is: (1) executed by the owner or owner’s legal representative; and (2) recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner. […]
32-17-14-0.2. Application of Prior Law
Sec. 0.2. The addition of IC 32-4-1.6 (“Uniform Act on Transfer on Death Securities” before its repeal, codified at IC 32-17-9, before its repeal) does not apply to an individual whose death occurs before July 1, 1997. As added by P.L.220-2011, SEC.518.