2022 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.