Current through P.L. 171-2024
Section 32-17-13-1 - "Nonprobate transfer"; transfers involving multiple party accounts, motor vehicles, and watercraft(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.Amended by P.L. 163-2018,SEC. 15, eff. 7/1/2018.Amended by P.L. 198-2016, SEC. 661, eff. 7/1/2016.Amended by P.L. 125-2012, SEC. 408, eff. 7/1/2012.Amended by P.L. 36-2011, SEC. 10, eff. 4/20/2011.As added by P.L. 165-2002, SEC.11. Amended by P.L. 143-2009, SEC.40; P.L. 6-2010, SEC.22.