IC 32TITLE 32. PROPERTY
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.REPEALED
           Art. 10.REPEALED
           Art. 11.REPEALED
           Art. 12.REPEALED
           Art. 13.REPEALED
           Art. 14.REPEALED
           Art. 15.REPEALED
           Art. 16.EFFECT OF RECODIFICATION OF TITLE 32
           Art. 17.INTERESTS IN PROPERTY
           Art. 17.5.UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
           Art. 18.INTERESTS OF CREDITORS IN PROPERTY
           Art. 19.DESCRIBING REAL PROPERTY; INDIANA COORDINATE SYSTEM
           Art. 20.MARKETABLE TITLE FOR REAL PROPERTY
           Art. 21.CONVEYANCE PROCEDURES FOR REAL PROPERTY
           Art. 22.CONVEYANCE LIMITATIONS OF REAL PROPERTY
           Art. 23.CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE
           Art. 24.EMINENT DOMAIN
           Art. 25.CONDOMINIUMS
           Art. 25.5.HOMEOWNERS ASSOCIATIONS
           Art. 26.FENCES
           Art. 27.CONSTRUCTION WARRANTIES ON REAL PROPERTY
           Art. 28.LIENS ON REAL PROPERTY
           Art. 29.MORTGAGES
           Art. 30.CAUSES OF ACTION CONCERNING REAL PROPERTY
           Art. 31.LANDLORD-TENANT RELATIONS
           Art. 32.TIME SHARES AND CAMPING CLUBS
           Art. 33.LIENS ON PERSONAL PROPERTY
           Art. 34.LOST OR UNCLAIMED PERSONAL PROPERTY
           Art. 35.CAUSES OF ACTION CONCERNING PERSONAL PROPERTY
           Art. 36.PUBLICITY
           Art. 37.COPYRIGHT
           Art. 38.TITLE INSURANCE AND TRANSFERS TO CERTAIN TRUSTS
           Art. 39.REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

 

IC 32-1ARTICLE 1. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-2ARTICLE 2. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-3ARTICLE 3. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-4ARTICLE 4. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-5ARTICLE 5. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-6ARTICLE 6. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-7ARTICLE 7. REPEALED

Repealed by P.L.2-2002, SEC.128

 

IC 32-8ARTICLE 8. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-9ARTICLE 9. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-10ARTICLE 10. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-11ARTICLE 11. REPEALED

[Pre-Local Government Recodification Citations:

32-11-1.5-1           New

32-11-1.5-2           formerly 18-1-7-2

32-11-1.5-3           formerly 18-1-7-1

32-11-1.5-4           formerly 18-1-7-3

32-11-1.5-5           formerly 18-1-7-4

32-11-1.5-6           formerly 18-1-7-5

32-11-1.5-7           formerly 18-1-7-6

32-11-1.5-8           formerly 18-1-7-7

32-11-1.5-9           formerly 18-1-7-8

32-11-1.5-10         formerly 18-1-7-9

32-11-1.5-11         formerly 18-1-7-10

32-11-1.5-12         formerly 18-1-7-11

32-11-1.5-13         formerly 19-4-15-1.]

Repealed by P.L.2-2002, SEC.128.

 

IC 32-12ARTICLE 12. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-13ARTICLE 13. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-14ARTICLE 14. REPEALED

Repealed by P.L.2-2002, SEC.128.

 

IC 32-15ARTICLE 15. REPEALED

[Pre-1998 Recodification Citations:

32-15-1-1              formerly 34-4-20-1

32-15-1-2              formerly 34-4-20-2

32-15-1-3              formerly 34-4-20-3

32-15-1-4              formerly 34-4-20-4

32-15-2-1              formerly 34-1-48-1

32-15-2-2              formerly 34-1-48-2

32-15-2-3              formerly 34-1-48-3

32-15-2-4              formerly 34-1-48-4

32-15-2-5              formerly 34-1-48-5

32-15-2-6              formerly 34-1-48-6

32-15-2-7              formerly 34-1-48-7

32-15-2-8              formerly 34-1-48-8

32-15-2-9              formerly 34-1-48-9

32-15-2-10            formerly 34-1-48-10

32-15-2-11            formerly 34-1-48-11

32-15-2-12            formerly 34-1-48-12

32-15-2-13            formerly 34-1-48-13

32-15-2-14            formerly 34-1-48-14

32-15-2-15            formerly 34-1-48-15

32-15-2-16            formerly 34-1-48-16

32-15-2-17            formerly 34-1-48-17

32-15-2-18            formerly 34-1-48-18

32-15-2-19            formerly 34-1-48-19

32-15-2-20            formerly 34-1-48-20

32-15-2-21            formerly 34-1-48-21

32-15-2-22            formerly 34-1-48-22

32-15-2-23            formerly 34-1-48-23

32-15-3-1              formerly 34-1-49-1

32-15-3-2              formerly 34-1-49-2

32-15-3-3              formerly 34-1-49-3

32-15-3-4              formerly 34-1-49-4

32-15-3-5              formerly 34-1-49-5

32-15-3-6              formerly 34-1-49-6

32-15-3-7              formerly 34-1-49-7

32-15-3-8              formerly 34-1-49-8

32-15-3-9              formerly 34-1-49-9

32-15-3-10            formerly 34-1-49-10

32-15-3-11            formerly 34-1-49-11

32-15-3-12            formerly 34-1-49-12

32-15-4-1              formerly 34-1-50-1

32-15-4-2              formerly 34-1-50-2

32-15-5-1              formerly 34-1-51-1

32-15-6-1              formerly 34-1-53-1

32-15-6-2              formerly 34-1-53-2

32-15-6-3              formerly 34-1-53-3

32-15-6-4              formerly 34-1-53-4

32-15-6-5              formerly 34-1-53-5

32-15-6-6              formerly 34-1-53-6

32-15-6-6.5           formerly 34-1-53-6.5

32-15-6-7              formerly 34-1-53-7

32-15-6-8              formerly 34-1-53-8

32-15-6-9              formerly 34-1-53-9

32-15-6-10            formerly 34-1-53-10

32-15-6-11            formerly 34-1-53-11

32-15-6-12            formerly 34-1-53-12

32-15-7-1              formerly 34-4-20.5-1

32-15-7-2              formerly 34-4-20.5-2

32-15-7-3              formerly 34-4-20.5-3

32-15-7-4              formerly 34-4-20.5-4

32-15-7-5              formerly 34-4-20.5-5

32-15-7-6              formerly 34-4-20.5-6

32-15-7-7              formerly 34-4-20.5-7

32-15-7-8              formerly 34-4-20.5-8

32-15-7-9              formerly 34-4-20.5-9

32-15-7-10            formerly 34-4-20.5-10; 34-4-20.5-11; 34-1-27-2

32-15-8-2              formerly 34-1-27-3

32-15-9-1              formerly 34-1-67-4

32-15-10-1            formerly 34-4-24-1.]

Repealed by P.L.2-2002, SEC.128.

 

IC 32-16ARTICLE 16. EFFECT OF RECODIFICATION OF TITLE 32
           Ch. 1.Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly

 

IC 32-16-1Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly
           32-16-1-1"Prior property law"
           32-16-1-2Purpose of recodification
           32-16-1-3Statutory construction of recodification
           32-16-1-4Effect of recodification
           32-16-1-5Recodification of prior property law
           32-16-1-6References to repealed statutes
           32-16-1-7References to citations
           32-16-1-8References to prior rules
           32-16-1-9References to prior property law

 

IC 32-16-1-1"Prior property law"

     Sec.1. As used in this chapter, "prior property law" refers to the statutes that are repealed or amended in the recodification act of the 2002 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2002 regular session of the general assembly.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-2Purpose of recodification

     Sec. 2. The purpose of the recodification act of the 2002 regular session of the general assembly is to recodify prior property law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2002 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2002 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2001 expressly indicate a different purpose;

the substantive operation and effect of the prior property law continue uninterrupted as if the recodification act of the 2002 regular session of the general assembly had not been enacted.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-3Statutory construction of recodification

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2002 regular session of the general assembly.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-4Effect of recodification

     Sec. 4. (a) The recodification act of the 2002 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior property law;

before the effective date of the recodification act of the 2002 regular session of the general assembly (July 1, 2002). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior property law as if the recodification act of the 2002 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 2002 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior property law.

     (c) The recodification act of the 2002 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior property law or the rules adopted under the prior property law.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-5Recodification of prior property law

     Sec. 5. The recodification act of the 2002 regular session of the general assembly shall be construed as a recodification of prior property law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2002 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior property law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2002 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2002 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2002 regular session of the general assembly to the extent that the recodification act of the 2002 regular session of the general assembly is not substantively identical to the prior property law.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-6References to repealed statutes

     Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2002 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-7References to citations

     Sec. 7. A citation reference in the recodification act of the 2002 regular session of the general assembly to another provision of the recodification act of the 2002 regular session of the general assembly shall be treated as including a reference to the provision of prior property law that is substantively equivalent to the provision of the recodification act of the 2002 regular session of the general assembly that is referred to by the citation reference.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-8References to prior rules

     Sec. 8. (a) As used in the recodification act of the 2002 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2002 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2002 regular session of the general assembly; or

(2) rules adopted under the prior property law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior property law continue in effect after June 30, 2002, until the rules are amended, repealed, or suspended.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-16-1-9References to prior property law

     Sec. 9. (a) A reference in the recodification act of the 2002 regular session of the general assembly to a citation in the prior property law before its repeal is added in certain sections of the recodification act of the 2002 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 2002 regular session of the general assembly of a reference to a citation in the prior property law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior property law;

before the effective date of the recodification act of the 2002 regular session of the general assembly (July 1, 2002). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior property law as if the recodification act of the 2002 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 2002 regular session of the general assembly of a citation to a provision in the prior property law does not affect the use of a prior conviction, violation, or noncompliance under the prior property law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2002 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2002 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.

 

IC 32-17ARTICLE 17. INTERESTS IN PROPERTY
           Ch. 1.Fee Simple Interest
           Ch. 2.Estate
           Ch. 3.Tenancy
           Ch. 4.Partition Proceedings
           Ch. 5.Partition Investment Limitations
           Ch. 6.Powers of Appointment-Renunciation or Exercise
           Ch. 7.Repealed
           Ch. 8.Uniform Statutory Rule Against Perpetuities
           Ch. 9.Repealed
           Ch. 10.Limitations on Possibility of Reverter or Rights of Entry for a Breach of a Condition Subsequent
           Ch. 11.Multiple Party Accounts
           Ch. 12.Contracts Concerning United States Lands
           Ch. 13.Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances
           Ch. 14.Transfer on Death Property Act

 

IC 32-17-1Chapter 1. Fee Simple Interest
           32-17-1-1"Grantor"
           32-17-1-2Fee simple conveyance
           32-17-1-3Estates tail; abolition
           32-17-1-4Lineal and collateral warranties; abolition

 

IC 32-17-1-1"Grantor"

     Sec. 1. As used in this chapter, "grantor" means every person by whom an estate or interest in land is:

(1) created;

(2) granted;

(3) bargained;

(4) sold;

(5) conveyed;

(6) transferred; or

(7) assigned.

[Pre-2002 Recodification Citation: 32-1-2-30.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-1-2Fee simple conveyance

     Sec. 2. (a) A conveyance of land that is:

(1) worded in substance as "A.B. conveys and warrants to C.D." (insert a description of the premises) "for the sum of" (insert the consideration); and

(2) dated and signed, sealed, and acknowledged by the grantor;

is a conveyance in fee simple to the grantee and the grantee's heirs and assigns with a covenant as described in subsection (b).

     (b) A conveyance in fee simple under subsection (a) includes a covenant from the grantor for the grantor and the grantor's heirs and personal representatives that the grantor:

(1) is lawfully seized of the premises;

(2) has good right to convey the premises;

(3) guarantees the quiet possession of the premises;

(4) guarantees that the premises are free from all encumbrances; and

(5) will warrant and defend the title to the premises against all lawful claims.

[Pre-2002 Recodification Citation: 32-1-2-12.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-1-3Estates tail; abolition

     Sec. 3. (a) Estates tail are abolished.

     (b) An estate that under common law is a fee tail:

(1) is considered a fee simple; and

(2) if the estate is not limited by a valid remainder, is considered a fee simple absolute.

[Pre-2002 Recodification Citation: 32-1-2-33.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-1-4Lineal and collateral warranties; abolition

     Sec. 4. Lineal and collateral warranties with all their incidents are abolished. However, the heirs and devisees of a person who has made a covenant or agreement is answerable upon that covenant or agreement:

(1) to the extent of property descended or devised to the heirs and devisees; and

(2) in the manner prescribed by law.

[Pre-2002 Recodification Citation: 32-1-2-10.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-2Chapter 2. Estate
           32-17-2-1Application; two or more persons; conveyances and devises
           32-17-2-2Deed of release or quitclaim
           32-17-2-3Future estates; life estates; remainders
           32-17-2-4Contingent remainder
           32-17-2-5Conveyance by tenant for life or years

 

IC 32-17-2-1Application; two or more persons; conveyances and devises

     Sec. 1. (a) This section does not apply to:

(1) mortgages;

(2) conveyances in trust; or

(3) conveyances made to husband and wife.

     (b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.

     (c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:

(1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or

(2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.

[Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-2-2Deed of release or quitclaim

     Sec. 2. A deed of release or quitclaim passes all the estate that the grantor (as defined in IC 32-17-1-1) may convey by a deed of bargain and sale.

[Pre-2002 Recodification Citation: 32-1-2-9.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-2-3Future estates; life estates; remainders

     Sec. 3. (a) A freehold estate and a chattel real may be created to begin at a future day.

     (b) An estate for life:

(1) may be created in a term of years with or without the intervention of a precedent estate; and

(2) a remainder may be limited on the estate for life.

     (c) A remainder of a freehold or a chattel real, either contingent or vested, may be created, expectant on the termination of a term of years.

[Pre-2002 Recodification Citation: 32-1-2-34.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-2-4Contingent remainder

     Sec. 4. A remainder may be limited on a contingency. If the contingency occurs, the contingency abridges or determines the precedent estate.

[Pre-2002 Recodification Citation: 32-1-2-35.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-2-5Conveyance by tenant for life or years

     Sec. 5. A conveyance made by a tenant for life or years that purports to grant or convey a greater estate than the tenant possesses or can lawfully convey:

(1) does not result in a forfeiture of the tenants's estate; and

(2) passes to the grantee or alienee all the estate that the tenant may lawfully convey.

[Pre-2002 Recodification Citation: 32-1-2-36.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-3Chapter 3. Tenancy
           32-17-3-1Husband and wife purchase or lease of real estate; rights of survivor
           32-17-3-2Divorce
           32-17-3-3Title bond or contract for sale of land; survivorship
           32-17-3-4Husband and wife; joint deed of conveyance

 

IC 32-17-3-1Husband and wife purchase or lease of real estate; rights of survivor

     Sec. 1. (a) This section applies to a written contract in which a husband and wife:

(1) purchase real estate; or

(2) lease real estate with an option to purchase.

     (b) Except as provided in subsection (d), a contract described in subsection (a) creates an estate by the entireties in the husband and wife. The interest of neither party is severable during the marriage.

     (c) Upon the death of either party to the marriage, the survivor is considered to have owned the whole of all rights under the contract from its inception.

     (d) If:

(1) a contract described in subsection (a) expressly creates a tenancy in common; or

(2) it appears from the tenor of a contract described in subsection (a) that the contract was intended to create a tenancy in common;

the contract shall be construed to create a tenancy in common.

[Pre-2002 Recodification Citation: 32-4-2-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-3-2Divorce

     Sec. 2. If a husband and wife are divorced while a contract described in section 1(a) of this chapter is in effect, the husband and wife own the interest in the contract and the equity created by the contract in equal shares.

[Pre-2002 Recodification Citation: 32-4-2-2.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-3-3Title bond or contract for sale of land; survivorship

     Sec. 3. If:

(1) a husband and wife execute a title bond or contract for the conveyance of real estate owned by them as tenants by the entireties; and

(2) one (1) of the spouses dies:

(A) during the continuance of the marriage; and

(B) before the whole of the agreed purchase price has been paid;

the interest of the deceased spouse in the unpaid part of the purchase price passes to the surviving spouse in the same right as the surviving spouse's rights of survivorship in real estate held as tenants by the entireties.

[Pre-2002 Recodification Citation: 32-4-3-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-3-4Husband and wife; joint deed of conveyance

     Sec. 4. (a) A joint deed of conveyance by a husband and wife is sufficient to convey and pass any interest described in the deed of either or both of them in land held by them as:

(1) tenants in common;

(2) joint tenants; or

(3) tenants by the entireties.

     (b) An executed and recorded power of attorney by one (1) spouse to the other spouse authorizing the conveyance by the attorney in fact of any interest owned:

(1) individually by the grantor (as defined in IC 32-17-1-1) of the power of attorney; or

(2) with the grantor's spouse;

enables the attorney in fact through the exercise of the power of attorney to effectively convey the interest in land by individually making a deed of conveyance.

[Pre-2002 Recodification Citation: 32-1-2-6.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-4Chapter 4. Partition Proceedings
           32-17-4-1Compelling partition; defendants
           32-17-4-2Petition to partition; title search
           32-17-4-2.5Procedure for partition actions
           32-17-4-3Repealed
           32-17-4-4Repealed
           32-17-4-5Repealed
           32-17-4-6Repealed
           32-17-4-7Repealed
           32-17-4-8Repealed
           32-17-4-9Repealed
           32-17-4-10Repealed
           32-17-4-11Repealed
           32-17-4-12Repealed
           32-17-4-13Repealed
           32-17-4-14Repealed
           32-17-4-15Repealed
           32-17-4-16Repealed
           32-17-4-17Repealed
           32-17-4-18Repealed
           32-17-4-19Repealed
           32-17-4-20Repealed
           32-17-4-21Repealed
           32-17-4-22Repealed
           32-17-4-23Partition of fee and life estates
           32-17-4-24Repealed

 

IC 32-17-4-1Compelling partition; defendants

     Sec. 1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this chapter:

(1) A person that holds an interest in the land as a joint tenant or tenant-in-common either:

(A) in the person's own right; or

(B) as executor or trustee.

(2) If the sale of the estate of a decedent who held an interest in the land as a joint tenant or tenant in common is necessary, the decedent's administrator or executor.

     (b) A trustee, an administrator, or an executor may be made a defendant in an action for the partition of real estate to answer as to any interest the trustee, administrator, or executor has in the real estate.

[Pre-2002 Recodification Citation: 32-4-5-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-4-2Petition to partition; title search

     Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in the circuit court, superior court, or probate court having probate jurisdiction of the county in which the land or any part of the land is located.

     (b) A petition filed under subsection (a) must contain the following:

(1) A description of the premises.

(2) The rights and titles in the land of the parties interested.

     (c) At the time a person files a petition under subsection (a), the person shall cause a title search to be made regarding the land that is the subject of the partition. The person shall file a copy of the results of the title search with the court.

[Pre-2002 Recodification Citation: 32-4-5-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.41-2012, SEC.2; P.L.84-2016, SEC.134.

 

IC 32-17-4-2.5Procedure for partition actions

     Sec. 2.5. (a) Not later than forty-five (45) days after the court has acquired jurisdiction over all the parties who have an interest in the property that is the subject of the action, the court shall refer the matter to mediation in accordance with the Indiana rules of alternative dispute resolution.

     (b) Except as provided in subsection (c), mediation of the case may not begin until an appraiser files an appraisal report with the court.

     (c) If each party waives the appraisal of the property, the case may move to mediation without the filing of an appraisal report.

     (d) In its order referring the matter for mediation, the court shall advise the parties:

(1) that the real or personal property will be sold if the parties are unable to reach an agreement not later than sixty (60) days after the order is issued; and

(2) that the parties may agree upon a method of the sale of the property, and if the parties do not agree upon a method of the sale of the property, the property may be sold at public auction or by the sheriff under subsection (g).

     (e) Except if the parties agree to waive the appraisal of the property, not later than thirty (30) days after the court acquires jurisdiction under subsection (a), the court shall appoint a licensed real estate appraiser to appraise the property. The appraiser shall file the appraisal with the court.

     (f) After receiving the appraisal, the court shall notify the parties of the appraised value of the property.

     (g) If an agreed settlement is not reached in mediation or if the parties agree upon a method of sale, the court shall not later than thirty (30) days after the date the mediator files a report with the court that the mediation was not successful, or the parties file their agreement establishing the method of sale:

(1) order the property to be sold using the method that all the parties agree upon; or

(2) order the parties to select an auctioneer to sell the property. If the parties fail to select an auctioneer not later than thirty (30) days after the court's order to select an auctioneer, the court shall order the sheriff to sell the property in the same manner that property is sold at execution under IC 34-55-6.

     (h) At the time the court orders the property to be sold, the court shall notify all lienholders and other persons with an interest in the lien or property, as identified in the title search or lien search required under IC 29-1-17-11 or section 2 of this chapter, of the sale. The property must be sold free and clear of all liens and special assessments except prescriptive easements, easements of record, and irrevocable licenses, with any sum secured by a lien or special assessment to be satisfied from the proceeds of the sale.

     (i) The person who causes a title search to be conducted under section 2 of this chapter or a title or lien search to be conducted under IC 29-1-17-11 is entitled to reimbursement from the proceeds of the sale.

     (j) Any person who has paid a tax or special assessment on the property is entitled to pro rata reimbursement from the proceeds of the sale.

     (k) Any person may advertise a sale under this section at the person's own expense, but is not entitled to reimbursement for these expenses.

     (l) After deduction of the amounts described in subsections (h), (i), and (j) and the reasonable expenses of the sale, the court shall divide the proceeds of the sale among the remaining property owners in proportion to their ownership interest.

     (m) If a party having an ownership interest in the property becomes the successful purchaser of the property either through agreed settlement or through auction, that person shall be given a full credit based on the percentage of the person's interest in the property before the purchase.

     (n) As used in this subsection, "real estate professional" has the meaning set forth in IC 23-1.5-1-13.5. If the court has ordered that some or all of the property be sold at auction and, at any time before the property is sold at auction, all parties inform the court in writing that they:

(1) wish to sell some or all of the property through a real estate professional;

(2) have jointly selected a real estate professional; and

(3) have agreed upon a listing price for the property;

the court shall rescind its order that the property, or a part of the property, be sold at auction and permit the property to be sold through a real estate professional. If some or all of the property has not been sold at the expiration of the listing agreement with the real estate professional, upon petition by any party, the court shall order the property to be sold at auction in accordance with subsection (h).

As added by P.L.41-2012, SEC.3. Amended by P.L.94-2014, SEC.4; P.L.45-2016, SEC.2.

 

IC 32-17-4-3Repealed

[Pre-2002 Recodification Citation: 32-4-5-3.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.4.

 

IC 32-17-4-4Repealed

[Pre-2002 Recodification Citation: 32-4-5-4.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.5.

 

IC 32-17-4-5Repealed

[Pre-2002 Recodification Citation: 32-4-5-5.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.6.

 

IC 32-17-4-6Repealed

[Pre-2002 Recodification Citation: 32-4-5-6.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.7.

 

IC 32-17-4-7Repealed

[Pre-2002 Recodification Citation: 32-4-5-7.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.8.

 

IC 32-17-4-8Repealed

[Pre-2002 Recodification Citation: 32-4-5-8.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.9.

 

IC 32-17-4-9Repealed

[Pre-2002 Recodification Citation: 32-4-5-10.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.10.

 

IC 32-17-4-10Repealed

[Pre-2002 Recodification Citation: 32-4-5-11.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.11.

 

IC 32-17-4-11Repealed

[Pre-2002 Recodification Citation: 32-4-5-12.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.12.

 

IC 32-17-4-12Repealed

[Pre-2002 Recodification Citation: 32-4-5-13.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.13.

 

IC 32-17-4-13Repealed

[Pre-2002 Recodification Citation: 32-4-5-14.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.14.

 

IC 32-17-4-14Repealed

[Pre-2002 Recodification Citation: 32-4-5-15.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.15.

 

IC 32-17-4-15Repealed

[Pre-2002 Recodification Citation: 32-4-5-16.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.16.

 

IC 32-17-4-16Repealed

[Pre-2002 Recodification Citation: 32-4-5-17.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.17.

 

IC 32-17-4-17Repealed

[Pre-2002 Recodification Citation: 32-4-5-18.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.18.

 

IC 32-17-4-18Repealed

[Pre-2002 Recodification Citation: 32-4-5-19.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.19.

 

IC 32-17-4-19Repealed

[Pre-2002 Recodification Citation: 32-4-5-20.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.20.

 

IC 32-17-4-20Repealed

[Pre-2002 Recodification Citation: 32-4-5-21.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.21.

 

IC 32-17-4-21Repealed

[Pre-2002 Recodification Citation: 32-4-5-22.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.22.

 

IC 32-17-4-22Repealed

[Pre-2002 Recodification Citation: 32-4-5-23.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.23.

 

IC 32-17-4-23Partition of fee and life estates

     Sec. 23. A:

(1) person that owns:

(A) an undivided interest in fee simple in any lands; and

(B) a life estate in:

(i) the remaining part of the land; or

(ii) any part of the remaining portion of the land; or

(2) person that owns a fee in the land described in subdivision (1) that is subject to the undivided interest in fee and the life estate in the land;

may compel partition of the land and have the fee simple interest in the land set off and determined in the same manner as land is partitioned under Indiana law.

[Pre-2002 Recodification Citation: 32-4-6-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-4-24Repealed

[Pre-2002 Recodification Citation: 32-4-7-1.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.24.

 

IC 32-17-5Chapter 5. Partition Investment Limitations
           32-17-5-1Application of chapter
           32-17-5-2Decree selling, exchanging, or leasing property
           32-17-5-3Investment of proceeds
           32-17-5-4Effect of decree
           32-17-5-5Jurisdiction; guardian ad litem
           32-17-5-6Personal property; investment in securities

 

IC 32-17-5-1Application of chapter

     Sec. 1. This chapter applies to a person that is entitled to:

(1) an estate in real estate for life or years;

(2) an estate tail;

(3) a fee simple;

(4) a conditional, base, or qualified fee;

(5) a particular, limited, or conditional estate in real estate; or

(6) an interest in personal property;

and any other person is entitled to a vested or contingent remainder, an executory devise, or any other vested or contingent interest in the same real estate or personal property.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-5-2Decree selling, exchanging, or leasing property

     Sec. 2. On application of a party in interest described in section 1 of this chapter, the circuit court, superior court, or probate court may, if all the parties are:

(1) parties to the proceedings and before the court; or

(2) properly served with notice as in other civil actions;

decree a sale, exchange, or lease of the real estate, or sale or exchange of the personal property, if the court considers a sale, exchange, or lease to be advantageous to the parties concerned.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.135.

 

IC 32-17-5-3Investment of proceeds

     Sec. 3. If the court decrees a sale, exchange, or lease under section 2 of this chapter, the court shall direct the investment of the proceeds of the:

(1) sale;

(2) terms of the instrument of exchange or lease; or

(3) limitations of the reversion and rents and income;

so as to inure as by the original grant, devise, or condition to the use of the same parties who would be entitled to the property sold or leased or the income of the personal property.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-5-4Effect of decree

     Sec. 4. If all persons in being are parties who would be entitled to the property sold or leased or the income of the personal property if the contingency had happened at the date of the commencement of the proceedings, a decree under section 2 of this chapter is binding on any person that claims an interest in the real estate or personal property:

(1) under any party to the decree;

(2) under any person from whom a party to the decree claims; or

(3) from, under, or by the original:

(A) deed;

(B) will; or

(C) instrument;

by which the particular, limited, or conditional estate with remainders or executory devisees was created.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-5-5Jurisdiction; guardian ad litem

     Sec. 5. (a) The circuit court, superior court, or probate court:

(1) of the county in which a will, deed, or instrument:

(A) is probated or recorded; and

(B) under or from which a party claims or derives the party's interest in the real or personal property that is the subject of the will, deed, or instrument; or

(2) that has jurisdiction of a trust from which the property is derived;

has jurisdiction to hear and determine the rights of the parties under this chapter. Proceedings under this chapter are commenced by complaint as in other civil actions.

     (b) For an infant defendant who is a member of the class for whom property that is the subject of a proceeding under this chapter is held:

(1) in reversion;

(2) in remainder; or

(3) upon condition;

the court shall appoint a special guardian ad litem who is not related to any of the parties interested in the property. The living members stand for and represent the whole class, and the parties stand for and represent the full title and whole interest in the property.

[Pre-2002 Recodification Citation: 32-4-8-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.136.

 

IC 32-17-5-6Personal property; investment in securities

     Sec. 6. If the proceeds under section 3 of this chapter are invested in personal property, the court may, in the court's decree, direct additional investment:

(1) in securities; and

(2) upon terms and conditions;

that the court considers to be in the best interests of the parties.

[Pre-2002 Recodification Citation: 32-4-8-3.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6Chapter 6. Powers of Appointment-Renunciation or Exercise
           32-17-6-1Application of chapter
           32-17-6-2Execution of instruments; renouncing or exercising power
           32-17-6-3Renouncing right of appointment
           32-17-6-4Power of appointment
           32-17-6-5Effect of subsequent appointment
           32-17-6-6Last unrevoked appointment

 

IC 32-17-6-1Application of chapter

     Sec. 1. This chapter applies to a person who holds a power of appointment under any of the following:

(1) A last will and testament of a decedent.

(2) A deed.

(3) An indenture of trust inter vivos.

(4) An insurance policy.

(5) Any other contract or instrument.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6-2Execution of instruments; renouncing or exercising power

     Sec. 2. A person described in section 1 of this chapter may execute an appropriate written instrument to, in whole or in part:

(1) renounce the person's right of appointment; or

(2) exercise the person's power of appointment one (1) or more times.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6-3Renouncing right of appointment

     Sec. 3. A renouncement of a right of appointment is final and irrevocable unless the right to revoke the renouncement or to repossess the right of appointment is expressly reserved in the instrument of renouncement.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6-4Power of appointment

     Sec. 4. Unless a person exercising a power of appointment expressly renounces and surrenders the right to revoke an appointment in the instrument of appointment, the person may subsequently revoke the appointment and may periodically:

(1) exercise;

(2) revoke the exercise of; and

(3) reexercise the power of appointment.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6-5Effect of subsequent appointment

     Sec. 5. A subsequent exercise of a right of appointment is a revocation of all prior appointments to the extent that the subsequent appointment conflicts or is inconsistent with any prior appointments.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-6-6Last unrevoked appointment

     Sec. 6. The last unrevoked exercise of a power of appointment is effective and controlling.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-7Chapter 7. Repealed

[Pre-2002 Recodification Citations:

32-17-7-1              formerly 32-3-2-1 part

32-17-7-2              formerly 32-3-2-1 part

32-17-7-3              formerly 32-3-2-1 part

32-17-7-4              formerly 32-3-2-5(a)

32-17-7-5              formerly 32-3-2-1 part

32-17-7-6              formerly 32-3-2-1 part

32-17-7-7              formerly 32-3-2-2

32-17-7-8              formerly 32-3-2-3

32-17-7-9              formerly 32-3-2-4

32-17-7-10            formerly 32-3-2-5(b); 32-3-2-5(c)

32-17-7-11            formerly 32-3-2-6

32-17-7-12            formerly 32-3-2-7

32-17-7-13            formerly 32-3-2-8

32-17-7-14            formerly 32-3-2-9

32-17-7-15            formerly 32-3-2-10

32-17-7-16            formerly 32-3-2-11

32-17-7-17            formerly 32-3-2-12

32-17-7-18            formerly 32-3-2-13

32-17-7-19            formerly 32-3-2-14

32-17-7-20            formerly 32-3-2-15.]

Repealed by P.L.5-2003, SEC.2.

 

IC 32-17-8Chapter 8. Uniform Statutory Rule Against Perpetuities
           32-17-8-1Application of chapter; reformation of disposition created before May 8, 1991
           32-17-8-2Exclusions
           32-17-8-3Nonvested property interests; powers of appointment; validity
           32-17-8-4Nonvested property interests or powers of appointment; time of creation
           32-17-8-5Clauses taking effect upon the later of certain occurrences; portion invalid; construction
           32-17-8-6Judicial reformation of disposition

 

IC 32-17-8-1Application of chapter; reformation of disposition created before May 8, 1991

     Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a nonvested property interest or a power of appointment that is created on or after May 8, 1991. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.

     (b) If a nonvested property interest or a power of appointment was created before May 8, 1991, and:

(1) is determined in a judicial proceeding commenced on or after May 8, 1991, to violate this state's rule against perpetuities as that rule existed before May 8, 1991; or

(2) may violate this state's rule against perpetuities as that rule existed before May 8, 1991;

a court upon the petition of an interested person shall reform the disposition by inserting a savings clause that most closely preserves the transferor's plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.

[Pre-2002 Recodification Citation: 32-1-4.5-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-8-2Exclusions

     Sec. 2. This chapter does not apply to the following:

(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of any of the following:

(A) A premarital or postmarital agreement.

(B) A separation or divorce settlement.

(C) A spouse's election.

(D) A similar arrangement arising out of a prospective, an existing, or a previous marital relationship between the parties.

(E) A contract to make or not to revoke a will or trust.

(F) A contract to exercise or not to exercise a power of appointment.

(G) A transfer in satisfaction of a duty of support.

(H) A reciprocal transfer.

(2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income.

(3) A power to appoint a fiduciary.

(4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal.

(5) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision.

(6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, a profit sharing, a stock bonus, a health, a disability, a death benefit, an income deferral, or other current or deferred benefit plan for one (1) or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse.

(7) A property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another Indiana statute.

(8) A:

(A) provision for the accumulation of an amount of the income of a trust estate reasonably necessary for the upkeep, repair, or proper management of the subject of the estate;

(B) direction in a trust that provides for the allocation wholly or in part to the principal of the trust of stock dividends or stock rights derived from shares held in a trust;

(C) provision for a sinking or reserve fund; or

(D) statutory provision directing an accumulation.

[Pre-2002 Recodification Citation: 32-1-4.5-2.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-8-3Nonvested property interests; powers of appointment; validity

     Sec. 3. (a) A nonvested property interest is valid if:

(1) when the interest is created, the interest is certain to vest or terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the interest either vests or terminates within ninety (90) years after the interest's creation.

     (b) A general power of appointment not presently exercisable because of a condition precedent is valid if:

(1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy not later than twenty-one (21) years after the death of an individual then alive; or

(2) the condition precedent either is satisfied or becomes impossible to satisfy within ninety (90) years after the condition precedent's creation.

     (c) A nongeneral power of appointment or a general testamentary power of appointment is valid if:

(1) when the power is created, the power is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the power is irrevocably exercised or otherwise terminates within ninety (90) years after the power's creation.

     (d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.

[Pre-2002 Recodification Citation: 32-1-4.5-3.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-8-4Nonvested property interests or powers of appointment; time of creation

     Sec. 4. (a) Except as provided in subsections (b) and (c) and in section 1(a) of this chapter, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.

     (b) For purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:

(1) a nonvested property interest; or

(2) a property interest subject to a power of appointment described in section 3(b) or 3(c) of this chapter;

the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.

     (c) For purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.

[Pre-2002 Recodification Citation: 32-1-4.5-4.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-8-5Clauses taking effect upon the later of certain occurrences; portion invalid; construction

     Sec. 5. (a) This section applies to a clause in a governing instrument that:

(1) purports to:

(A) postpone the vesting or termination of any interest or trust until;

(B) disallow the vesting or termination of any interest or trust beyond;

(C) require all interests or trusts to vest or terminate not later than; or

(D) operate in any similar fashion upon;

the occurrence of an event described in subdivision (2); and

(2) takes effect upon the later of the following occurrences:

(A) The expiration of a period that exceeds twenty-one (21) years or that might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

(B) The death of, or the expiration of a period not exceeding twenty-one (21) years after the death of, the survivor of specified lives in being at the creation of the trust or other property arrangement.

     (b) If a clause described in subsection (a) appears in an instrument creating a trust or other property arrangement, then, in measuring a period from the creation of a trust or other property arrangement, the portion of the clause that pertains to the period that exceeds twenty-one (21) years or that might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement is not valid. The court shall construe the clause as becoming effective upon:

(1) the death of; or

(2) the expiration of the period not exceeding twenty-one (21) years after the death of;

the survivor of the specified lives in being at the creation of the trust or other property arrangement.

[Pre-2002 Recodification Citation: 32-1-4.5-5.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-8-6Judicial reformation of disposition

     Sec. 6. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely preserves the transferor's plan of distribution and is within the ninety (90) years allowed by section 3(a)(2), 3(b)(2), or 3(c)(2) of this chapter if:

(1) a nonvested property interest or a power of appointment becomes invalid under section 3 of this chapter;

(2) a class gift is not but might become invalid under section 3 of this chapter and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) a nonvested property interest that is not validated by section 3(a)(1) of this chapter can vest but not within ninety (90) years after the interest's creation.

[Pre-2002 Recodification Citation: 32-1-4.5-6.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-9Chapter 9. Repealed

[Pre-2002 Recodification Citations:

32-17-9-1              formerly 32-4-1.6-15

32-17-9-2              formerly 32-4-1.6-1

32-17-9-3              formerly 32-4-1.6-2

32-17-9-4              formerly 32-4-1.6-3

32-17-9-5              formerly 32-4-1.6-4

32-17-9-6              formerly 32-4-1.6-5

32-17-9-7              formerly 32-4-1.6-6

32-17-9-8              formerly 32-4-1.6-7

32-17-9-9              formerly 32-4-1.6-8

32-17-9-10            formerly 32-4-1.6-9

32-17-9-11            formerly 32-4-1.6-10

32-17-9-12            formerly 32-4-1.6-11

32-17-9-13            formerly 32-4-1.6-12

32-17-9-14            formerly 32-4-1.6-13

32-17-9-15            formerly 32-4-1.6-14.]

Repealed by P.L.143-2009, SEC.52.

 

IC 32-17-10Chapter 10. Limitations on Possibility of Reverter or Rights of Entry for a Breach of a Condition Subsequent
           32-17-10-1Application of chapter
           32-17-10-2Duration of possibility of reverter or right of entry for breach of condition subsequent
           32-17-10-3Expired rights of action

 

IC 32-17-10-1Application of chapter

     Sec. 1. This chapter does not apply to the following:

(1) A conveyance made for the purpose of extinguishing a possibility of reverter or a right of entry.

(2) The rights of:

(A) a mortgagee based on the terms of the mortgage;

(B) a trustee or beneficiary under a trust deed in the nature of a mortgage based on the terms of the trust deed;

(C) a grantor under a vendor's lien reserved in a deed;

(D) a lessor under a lease for a term of years; or

(E) a person with a separate property interest in coal, oil, gas, or other minerals.

[Pre-2002 Recodification Citation: 32-1-21-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-10-2Duration of possibility of reverter or right of entry for breach of condition subsequent

     Sec. 2. A possibility of reverter or right of entry for breach of a condition subsequent concerning real property is invalid after thirty (30) years from the date the possibility of reverter or right of entry is created, notwithstanding a period of creation longer than thirty (30) years:

(1) if the breach of the condition has not occurred; and

(2) despite whether the possibility of reverter or right of entry was created before, on, or after July 1, 1993.

[Pre-2002 Recodification Citation: 32-1-21-2.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-10-3Expired rights of action

     Sec. 3. A person may not commence an action for recovery of any part of real property after June 30, 1994, based on a possibility of reverter or right of entry for a breach of a condition subsequent if:

(1) the breach of the condition occurred before July 1, 1993; and

(2) the possibility of reverter or right of entry was created before July 1, 1963.

[Pre-2002 Recodification Citation: 32-1-21-3.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11Chapter 11. Multiple Party Accounts
           32-17-11-1"Account" defined
           32-17-11-2"Beneficiary" defined
           32-17-11-3"Financial institution" defined
           32-17-11-4"Joint account" defined
           32-17-11-5"Multiple party account" defined
           32-17-11-6"Net contribution" defined
           32-17-11-7"Party" defined
           32-17-11-8"Payment" defined
           32-17-11-9"Proof of death" defined
           32-17-11-10Repealed
           32-17-11-11Repealed
           32-17-11-12"Request" defined
           32-17-11-13"Sums on deposit" defined
           32-17-11-14"Trust account" defined
           32-17-11-15"Withdrawal" defined
           32-17-11-16Application of certain sections
           32-17-11-17Ownership of accounts
           32-17-11-18Ownership of accounts at death of party, original payee, or trustee
           32-17-11-19Rights of survivorship
           32-17-11-20Certain transfers not testamentary
           32-17-11-21Repealed
           32-17-11-21.1Liability for creditor claims and statutory allowances; applicable law
           32-17-11-22Payments; multiple party accounts
           32-17-11-23Payments; joint accounts
           32-17-11-24Repealed
           32-17-11-25Payments; trust accounts
           32-17-11-26Payments; discharge of financial institutions from all claims
           32-17-11-27Right of financial institutions to set off against accounts
           32-17-11-28Provisions in certain agreements nontestamentary; creditors' rights
           32-17-11-29Personal property owned as tenants in common; exceptions

 

IC 32-17-11-1"Account" defined

     Sec. 1. (a) As used in this chapter, "account" means a contract of deposit of funds between a depositor and a financial institution.

     (b) The term includes a checking account, savings account, certificate of deposit, share account, and other like arrangement.

[Pre-2002 Recodification Citation: 32-4-1.5-1(1).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-2"Beneficiary" defined

     Sec. 2. As used in this chapter, "beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee.

[Pre-2002 Recodification Citation: 32-4-1.5-1(2).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-3"Financial institution" defined

     Sec. 3. (a) As used in this chapter, "financial institution" means any organization authorized to do business in Indiana under IC 28 or federal law relating to financial institutions.

     (b) The term includes the following:

(1) Banks and trust companies.

(2) Building and loan associations.

(3) Industrial loan and investment companies.

(4) Savings banks.

(5) Credit unions.

[Pre-2002 Recodification Citation: 32-4-1.5-1(3).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-4"Joint account" defined

     Sec. 4. As used in this chapter, "joint account" means an account payable on request to one (1) or more of two (2) or more parties whether or not mention is made of any right of survivorship.

[Pre-2002 Recodification Citation: 32-4-1.5-1(4).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-5"Multiple party account" defined

     Sec. 5. (a) As used in this chapter, "multiple party account" means any of the following types of accounts:

(1) A joint account.

(2) A trust account.

     (b) The term does not include accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes, or accounts controlled by one (1) or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.

[Pre-2002 Recodification Citation: 32-4-1.5-1(5).]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.33.

 

IC 32-17-11-6"Net contribution" defined

     Sec. 6. As used in this chapter, "net contribution" of a party to a joint account as of any given time means the sum of:

(1) all deposits made by or for the party; minus

(2) all withdrawals made by or for the party that have not been paid to or applied to the use of any other party; plus

(3) a pro rata share of any interest or dividends included in the current balance.

The term includes any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.

[Pre-2002 Recodification Citation: 32-4-1.5-1(6).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-7"Party" defined

     Sec. 7. (a) As used in this chapter, "party" means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple party account. A beneficiary of a trust account is a party only after the account becomes payable to the payee or beneficiary by reason of the payee's or beneficiary's surviving the original payee or trustee.

     (b) Unless the context otherwise requires, the term includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. The term also includes a person identified as a trustee of an account for another whether or not a beneficiary is named.

     (c) The term does not include:

(1) any named beneficiary unless the beneficiary has a present right of withdrawal; or

(2) a person who is merely authorized to make a request as the agent of another.

[Pre-2002 Recodification Citation: 32-4-1.5-1(7).]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.34.

 

IC 32-17-11-8"Payment" defined

     Sec. 8. As used in this chapter, "payment" of sums on deposit includes the following:

(1) Withdrawal.

(2) Payment on check or other directive of a party.

(3) Any pledge of sums on deposit by a party.

(4) Any set-off, reduction, or other disposition of all or part of any account pursuant to a pledge.

[Pre-2002 Recodification Citation: 32-4-1.5-1(8).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-9"Proof of death" defined

     Sec. 9. As used in this chapter, "proof of death" includes a death certificate, an affidavit of death, or a record or report that is prima facie proof of death under IC 29-2-6, IC 29-2-7 (before its repeal), or IC 29-2-14.

[Pre-2002 Recodification Citation: 32-4-1.5-1(9).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-10Repealed

[Pre-2002 Recodification Citation: 32-4-1.5-1(10).]

As added by P.L.2-2002, SEC.2. Repealed by P.L.143-2009, SEC.52.

 

IC 32-17-11-11Repealed

[Pre-2002 Recodification Citation: 32-4-1.5-1(11).]

As added by P.L.2-2002, SEC.2. Repealed by P.L.143-2009, SEC.52.

 

IC 32-17-11-12"Request" defined

     Sec. 12. As used in this chapter, "request" means:

(1) a proper request for withdrawal; or

(2) a check or order for payment;

that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. If the financial institution conditions withdrawal or payment on advance notice, for purposes of this section, the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

[Pre-2002 Recodification Citation: 32-4-1.5-1(12).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-13"Sums on deposit" defined

     Sec. 13. As used in this chapter, "sums on deposit" means the balance payable on a multiple party account, including interest, dividends, and any deposit life insurance proceeds added to the account by reason of the death of a party.

[Pre-2002 Recodification Citation: 32-4-1.5-1(13).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-14"Trust account" defined

     Sec. 14. (a) As used in this chapter, "trust account" means an account in the name of at least one (1) party as trustee for at least one (1) beneficiary if:

(1) the relationship is established by the form of the account and the deposit agreement with the financial institution; and

(2) there is no subject of the trust other than the sums on deposit in the account.

It is not essential that payment to the beneficiary be mentioned in the deposit agreement.

     (b) The term does not include the following:

(1) A regular trust account under a testamentary trust.

(2) A trust agreement that has significance apart from the account.

(3) A fiduciary account arising from a fiduciary relation such as attorney-client.

[Pre-2002 Recodification Citation: 32-4-1.5-1(14).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-15"Withdrawal" defined

     Sec. 15. As used in this chapter, "withdrawal" includes payment to a third person pursuant to a check or other directive of a party.

[Pre-2002 Recodification Citation: 32-4-1.5-1(15).]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-16Application of certain sections

     Sec. 16. (a) The provisions of sections 17, 18, and 19 of this chapter concerning beneficial ownership as between parties, or as between parties and beneficiaries of multiple party accounts:

(1) apply only to controversies between:

(A) the parties or the beneficiaries of multiple party accounts; and

(B) creditors and other successors of:

(i) the parties; or

(ii) the beneficiaries of multiple party accounts; and

(2) do not affect the power of withdrawal of the parties or the beneficiaries of multiple party accounts as determined by the terms of account contracts.

     (b) The provisions of sections 22 through 27 of this chapter govern the liability and set-off rights of financial institutions that make payments under sections 22 through 27 of this chapter.

[Pre-2002 Recodification Citation: 32-4-1.5-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.35.

 

IC 32-17-11-17Ownership of accounts

     Sec. 17. (a) Unless there is clear and convincing evidence of a different intent, during the lifetime of all parties, a joint account belongs to the parties in proportion to the net contributions by each party to the sums on deposit.

     (b) Unless:

(1) a contrary intent is manifested by the terms of the account or the deposit agreement; or

(2) there is other clear and convincing evidence of an irrevocable trust;

a trust account belongs beneficially to the trustee during the trustee's lifetime. If at least two (2) parties are named as trustee on the account, subsection (a) governs the beneficial rights of the trustees during their lifetimes. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.

[Pre-2002 Recodification Citation: 32-4-1.5-3.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.36.

 

IC 32-17-11-18Ownership of accounts at death of party, original payee, or trustee

     Sec. 18. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are at least two (2) surviving parties, their respective ownerships during lifetime are:

(1) in proportion to their previous ownership interests under section 17 of this chapter; and

(2) augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the person's death.

The right of survivorship continues between the surviving parties.

     (b) If the account is a trust account, on death of the trustee or the survivor of at least two (2) trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries who survive the trustee, unless there is clear and convincing evidence of a contrary intent. If at least two (2) beneficiaries survive, there is no right of survivorship between the beneficiaries unless the terms of the account or deposit agreement expressly provide for survivorship.

     (c) Except as provided in subsections (a) and (b), the death of any party to a multiple party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent's estate.

     (d) A right of survivorship arising:

(1) from the express terms of the account; or

(2) under:

(A) this section; or

(B) a beneficiary designation in a trust account;

cannot be changed by will.

[Pre-2002 Recodification Citation: 32-4-1.5-4.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.37.

 

IC 32-17-11-19Rights of survivorship

     Sec. 19. (a) The provisions of section 18 of this chapter as to rights of survivorship are determined by the form of the account at the death of a party.

     (b) The form of an account may be altered by written order given by a party to the financial institution to:

(1) change the form of the account; or

(2) stop or vary payment under the terms of the account.

     (c) An order or request described in subsection (b) must be:

(1) signed by a party;

(2) received by the financial institution during the party's lifetime; and

(3) not countermanded by another written order of the same party during the party's lifetime.

[Pre-2002 Recodification Citation: 32-4-1.5-5.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-20Certain transfers not testamentary

     Sec. 20. Any transfers resulting from the application of section 18 of this chapter are:

(1) effective by reason of:

(A) the account contracts involved; and

(B) this chapter; and

(2) not to be considered as:

(A) testamentary; or

(B) subject to IC 29.

[Pre-2002 Recodification Citation: 32-4-1.5-6.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-21Repealed

[Pre-2002 Recodification Citation: 32-4-1.5-7.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.165-2002, SEC.15.

 

IC 32-17-11-21.1Liability for creditor claims and statutory allowances; applicable law

     Sec. 21.1. The liability of a surviving party or beneficiary for creditor claims and statutory allowances is determined under IC 32-17-13.

As added by P.L.165-2002, SEC.12. Amended by P.L.143-2009, SEC.38.

 

IC 32-17-11-22Payments; multiple party accounts

     Sec. 22. (a) Financial institutions may enter into multiple party accounts to the same extent that they may enter into single party accounts.

     (b) Any multiple party account may be paid, on request, to any one (1) or more of the parties.

     (c) For purposes of establishing net contributions, a financial institution is not required to inquire as to:

(1) the source of funds received for deposit to a multiple party account; or

(2) the proposed application of any sum withdrawn from an account.

[Pre-2002 Recodification Citation: 32-4-1.5-8.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-23Payments; joint accounts

     Sec. 23. (a) Except as provided in subsection (b), any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded.

     (b) Payment may not be made to the personal representative or heirs of a deceased party unless:

(1) proofs of death are presented to the financial institution showing that the decedent was the last surviving party; or

(2) there is no right of survivorship under section 18 of this chapter.

[Pre-2002 Recodification Citation: 32-4-1.5-9.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-24Repealed

[Pre-2002 Recodification Citation: 32-4-1.5-10.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.143-2009, SEC.52.

 

IC 32-17-11-25Payments; trust accounts

     Sec. 25. A trust account may be paid, on request:

(1) to any trustee;

(2) unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon the beneficiary surviving the trustee, if proof of death is presented to the financial institution showing that the decedent was the survivor of all other persons named on the account either as trustee or beneficiary, to the personal representative or heirs of a deceased trustee; and

(3) upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustee, to the beneficiary or beneficiaries.

[Pre-2002 Recodification Citation: 32-4-1.5-11.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-26Payments; discharge of financial institutions from all claims

     Sec. 26. (a) Payment made under section 22, 23, or 25 of this chapter discharges the financial institution from all claims for amounts paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors.

     (b) The protection provided under this section does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted.

     (c) Unless a notice described in subsection (b) is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section.

     (d) No other notice or any other information shown to have been available to a financial institution affects the institution's right to the protection provided under this section.

     (e) The protection provided under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in or withdrawn from multiple party accounts.

[Pre-2002 Recodification Citation: 32-4-1.5-12.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.39.

 

IC 32-17-11-27Right of financial institutions to set off against accounts

     Sec. 27. (a) Without qualifying any other statutory right to set off or lien and subject to any contractual provision, if a party to a multiple party account is indebted to a financial institution, the financial institution has a right to set off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.

     (b) The amount of the account subject to set off as described in subsection (a) is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled.

     (c) In the absence of proof of net contributions, the amount of the account subject to set off as described in subsection (a) is an equal share with all parties having present rights of withdrawal.

[Pre-2002 Recodification Citation: 32-4-1.5-13.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-28Provisions in certain agreements nontestamentary; creditors' rights

     Sec. 28. (a) Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, deposit agreement, pension plan, trust agreement, conveyance, or any other written instrument effective as a contract, gift, conveyance, or trust is considered to be nontestamentary, and this title and IC 29 do not invalidate the instrument or any provision:

(1) That money or other benefits due to, controlled, or owned by a decedent before the person's death shall be paid after the person's death to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently.

(2) That any money due or to become due under the instrument shall cease to be payable in event of the death of the promisee or the promisor before payment or demand.

(3) That any property that is the subject of the instrument shall pass to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently.

     (b) This section does not limit the rights of creditors under other Indiana laws.

[Pre-2002 Recodification Citation: 32-4-1.5-14.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-11-29Personal property owned as tenants in common; exceptions

     Sec. 29. (a) This section does not apply to an account.

     (b) Except as provided in subsection (c), personal property that is owned by two (2) or more persons is owned by them as tenants in common unless expressed otherwise in a written instrument.

     (c) Upon the death of either husband or wife:

(1) household goods:

(A) acquired during marriage; and

(B) in possession of both husband and wife; and

(2) any:

(A) promissory note;

(B) bond;

(C) certificate of title to a motor vehicle; or

(D) other written or printed instrument;

evidencing an interest in tangible or intangible personal property in the name of both husband and wife;

becomes the sole property of the surviving spouse unless a clear contrary intention is expressed in a written instrument.

[Pre-2002 Recodification Citation: 32-4-1.5-15.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-12Chapter 12. Contracts Concerning United States Lands
           32-17-12-1Voidance of contracts

 

IC 32-17-12-1Voidance of contracts

     Sec. 1. A contract for valid consideration:

(1) to sell any interest, real or supposed, in any land belonging to the United States;

(2) for the occupancy of land belonging to the United States; or

(3) for any improvement made on land belonging to the United States;

may not be voided by either party or the party's heirs, executors, administrators, or assigns if the nature and extent of the interest were, at the time of contract, known to the party, and the party's consent to the interest was obtained without fraud, conspiracy, or misrepresentation.

[Pre-2002 Recodification Citation: 32-1-11-1.]

As added by P.L.2-2002, SEC.2.

 

IC 32-17-13Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances
           32-17-13-1"Nonprobate transfer"; transfers involving multiple party accounts, motor vehicles, and watercraft
           32-17-13-2Insufficiency of estate to pay claims and statutory allowances; liability of nonprobate transferee
           32-17-13-3Priority of liability to probate estate
           32-17-13-4Beneficiary interests in trusts
           32-17-13-5Apportionment of liability by instrument
           32-17-13-6Enforcement proceedings; jurisdiction
           32-17-13-7Commencement of proceedings; immunity of personal representative
           32-17-13-8Deadline for commencement of proceedings
           32-17-13-9Release of obligor or trustee from liability for transfer of assets to nonprobate transferee

 

IC 32-17-13-1"Nonprobate transfer"; transfers involving multiple party accounts, motor vehicles, and watercraft

     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 decedent'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.

As added by P.L.165-2002, SEC.11. Amended by P.L.143-2009, SEC.40; P.L.6-2010, SEC.22; P.L.36-2011, SEC.10; P.L.125-2012, SEC.408; P.L.198-2016, SEC.661.

 

IC 32-17-13-2Insufficiency of estate to pay claims and statutory allowances; liability of nonprobate transferee

     Sec. 2. (a) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to a decedent's probate estate for:

(1) allowed claims against the decedent's probate estate; and

(2) statutory allowances to the decedent's spouse and children;

to the extent the decedent's probate estate is insufficient to satisfy those claims and allowances.

     (b) The liability of the nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by the nonprobate transferee.

     (c) The liability of the nonprobate transferee does not include the net contributions of the nonprobate transferee.

As added by P.L.165-2002, SEC.11.

 

IC 32-17-13-3Priority of liability to probate estate

     Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order:

(1) As provided in the decedent's will or other governing instrument.

(2) To the extent of the value of the nonprobate transfer received or controlled by the trustee of trusts that can be amended, modified, or revoked by the decedent during the decedent's lifetime. If there is more than one (1) such trust, in proportion to the relative value of the trusts.

(3) Other nonprobate transferees in proportion to the values received.

As added by P.L.165-2002, SEC.11.

 

IC 32-17-13-4Beneficiary interests in trusts

     Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate as necessary to satisfy the liability as if all of the trust instruments were a single trust.

As added by P.L.165-2002, SEC.11. Amended by P.L.101-2008, SEC.11.

 

IC 32-17-13-5Apportionment of liability by instrument

     Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument.

     (b) If a provision in an instrument conflicts with a provision in another instrument, the later provision prevails.

As added by P.L.165-2002, SEC.11.

 

IC 32-17-13-6Enforcement proceedings; jurisdiction

     Sec. 6. Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where:

(1) the transfer occurred;

(2) the transferee is located; or

(3) the probate action is pending.

As added by P.L.165-2002, SEC.11.

 

IC 32-17-13-7Commencement of proceedings; immunity of personal representative

     Sec. 7. (a) A proceeding under this chapter may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving spouse or a surviving child, to the extent that statutory allowances are affected, or a creditor.

     (b) If the personal representative declines or fails to commence a proceeding within sixty (60) days after receiving the demand, a person making the demand may commence the proceeding in the name of the decedent's estate at the expense of the person making the demand and not of the estate.

     (c) A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.23.

 

IC 32-17-13-8Deadline for commencement of proceedings

     Sec. 8. A proceeding under this chapter must be commenced not later than nine (9) months after the person's death, but a proceeding on behalf of a creditor whose claim was timely filed may be commenced within:

(1) sixty (60) days after final allowance of the claim; or

(2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24.

 

IC 32-17-13-9Release of obligor or trustee from liability for transfer of assets to nonprobate transferee

     Sec. 9. Unless written notice asserting that a decedent's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the decedent's personal representative, the following rules apply:

(1) Payment or delivery of assets by a financial institution, registrar, or another obligor to a nonprobate transferee under the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.

(2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section on any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to that asset imposed by sections 2 and 3 of this chapter.

As added by P.L.165-2002, SEC.11.

 

IC 32-17-14Chapter 14. Transfer on Death Property Act
           32-17-14-0.2Application of prior law
           32-17-14-1Citation
           32-17-14-2Applicability
           32-17-14-2.1Application of chapter to preexisting transfer on death transfers
           32-17-14-2.5Applicability
           32-17-14-3Definitions
           32-17-14-4Transfers that are not considered transfer on death transfers; beneficiary designation requirements and form
           32-17-14-5General rules concerning transfer on death transfers
           32-17-14-6Authority of a transferring entity
           32-17-14-7Agreement between owner and transferring entity
           32-17-14-8Transferring entity's acceptance of a beneficiary designation
           32-17-14-9Beneficiary designation; effects; requirements
           32-17-14-10Assignment of contract rights
           32-17-14-11Transfer on death deeds
           32-17-14-12Transfer on death transfers of tangible personal property
           32-17-14-13Direct transfer to a transferee to hold as owner in beneficiary form
           32-17-14-14Registration in beneficiary form
           32-17-14-15Beneficiary's rights before the death of the owner; effect of the death of a joint owner
           32-17-14-16Changing or revoking a beneficiary designation
           32-17-14-17Powers of an attorney in fact, a guardian, a conservator, or an agent
           32-17-14-18Lost, destroyed, damaged, or involuntarily converted property subject to a beneficiary designation
           32-17-14-19Effect of conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests
           32-17-14-20Beneficiary required to survive the owner
           32-17-14-21Trusts as designated beneficiaries
           32-17-14-22Substitution for designated beneficiaries who do not survive the owner
           32-17-14-23Effect of dissolution or annulment
           32-17-14-24Fraud, duress, undue influence, mistake, or lack of capacity
           32-17-14-25Rights of surviving spouses and children
           32-17-14-26General rules applying to a beneficiary designation
           32-17-14-27Powers and duties of a transferring entity
           32-17-14-28Effect of improper distributions
           32-17-14-29Creditors of an owner
           32-17-14-30Change in the beneficiary designation, residency of the owner, or location of the transferring entity or property
           32-17-14-31Duties of the probate court
           32-17-14-32Out-of-state beneficiary designations

 

IC 32-17-14-0.2Application 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.

 

IC 32-17-14-1Citation

     Sec. 1. This chapter may be cited as the Transfer on Death Property Act.

As added by P.L.143-2009, SEC.41.

 

IC 32-17-14-2Applicability

     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.

 

IC 32-17-14-2.1Application 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.

 

IC 32-17-14-2.5Applicability

     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.

 

IC 32-17-14-3Definitions

     Sec. 3. The following definitions apply throughout this chapter:

(1) "Beneficiary" means a person designated or entitled to receive property because of another person's death under a transfer on death transfer.

(2) "Beneficiary designation" means a written instrument other than a will or trust that designates the beneficiary of a transfer on death transfer.

(3) "Governing instrument" refers to a written instrument agreed to by an owner that establishes the terms and conditions of an ownership in beneficiary form.

(4) "Intangible personal property" means incorporeal property, such as money, deposits, credits, shares of stock, bonds, notes, other evidences of indebtedness, and other evidences of property interests.

(5) "Joint owners" refers to persons who hold property as joint tenants with a right of survivorship. However, the term does not include a husband and wife who hold property as tenants by the entirety.

(6) "LDPS" means an abbreviation of lineal descendants per stirpes, which may be used in a beneficiary designation to designate a substitute beneficiary as provided in section 22 of this chapter.

(7) "Owner" refers to a person or persons who have a right to designate the beneficiary of a transfer on death transfer.

(8) "Ownership in beneficiary form" means holding property under a registration in beneficiary form or other written instrument that:

(A) names the owner of the property;

(B) directs ownership of the property to be transferred upon the death of the owner to the designated beneficiary; and

(C) designates the beneficiary.

(9) "Person" means an individual, a sole proprietorship, a partnership, an association, a fiduciary, a trustee, a corporation, a limited liability company, or any other business entity.

(10) "Proof of death" means a death certificate or a record or report that is prima facie proof or evidence of an individual's death.

(11) "Property" means any present or future interest in real property, intangible personal property, or tangible personal property. The term includes:

(A) a right to direct or receive payment of a debt;

(B) a right to direct or receive payment of money or other benefits due under a contract, account agreement, deposit agreement, employment contract, or trust or by operation of law;

(C) a right to receive performance remaining due under a contract;

(D) a right to receive payment under a promissory note or a debt maintained in a written account record;

(E) rights under a certificated or uncertificated security;

(F) rights under an instrument evidencing ownership of property issued by a governmental agency; and

(G) rights under a document of title (as defined in IC 26-1-1-201).

(12) "Registration in beneficiary form" means titling of an account record, certificate, or other written instrument that:

(A) provides evidence of ownership of property in the name of the owner;

(B) directs ownership of the property to be transferred upon the death of the owner to the designated beneficiary; and

(C) designates the beneficiary.

(13) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security, and a security account.

(14) "Tangible personal property" means corporeal personal property, such as goods, wares, and merchandise.

(15) "Transfer on death deed" means a deed that conveys an interest in real property to a grantee by beneficiary designation.

(16) "Transfer on death transfer" refers to a transfer of property that takes effect upon the death of the owner under a beneficiary designation made under this chapter.

(17) "Transferring entity" means a person who:

(A) owes a debt or is obligated to pay money or benefits;

(B) renders contract performance;

(C) delivers or conveys property; or

(D) changes the record of ownership of property on the books, records, and accounts of an enterprise or on a certificate or document of title that evidences property rights.

The term includes a governmental agency, business entity, or transfer agent that issues certificates of ownership or title to property and a person acting as a custodial agent for an owner's property. However, the term does not include a governmental office charged with endorsing, entering, or recording the transfer of real property in the public records.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.26; P.L.36-2011, SEC.12; P.L.81-2015, SEC.24.

 

IC 32-17-14-4Transfers 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.

 

IC 32-17-14-5General 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.

 

IC 32-17-14-6Authority 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.

 

IC 32-17-14-7Agreement 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.

 

IC 32-17-14-8Transferring 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.

 

IC 32-17-14-9Beneficiary 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.

 

IC 32-17-14-10Assignment 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.

 

IC 32-17-14-11Transfer 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.

     (b) A transfer on death deed is void if it is not recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.

     (c) A transfer on death deed is not required to be supported by consideration or delivered to the grantee beneficiary.

     (d) A transfer on death deed may be used to transfer an interest in real property to either a revocable or an irrevocable trust.

     (e) If the owner records a transfer on death deed, the effect of the recording the transfer on death deed is determined as follows:

(1) If the owner's interest in the real property is as a tenant by the entirety, the conveyance is inoperable and void unless the other spouse joins in the conveyance.

(2) If the owner's interest in the real property is as a joint tenant with rights of survivorship, the conveyance severs the joint tenancy and the cotenancy becomes a tenancy in common.

(3) If the owner's interest in the real property is as a joint tenant with rights of survivorship and the property is subject to a beneficiary designation, a conveyance of any joint owner's interest has no effect on the original beneficiary designation for the nonsevering joint tenant.

(4) If the owner's interest is as a tenant in common, the owner's interest passes to the beneficiary as a transfer on death transfer.

(5) If the owner's interest is a life estate determined by the owner's life, the conveyance is inoperable and void.

(6) If the owner's interest is any other interest, the interest passes in accordance with this chapter and the terms and conditions of the conveyance establishing the interest. If a conflict exists between the conveyance establishing the interest and this chapter, the terms and conditions of the conveyance establishing the interest prevail.

     (f) A beneficiary designation in a transfer on death deed may be worded in substance as "(insert owner's name) conveys and warrants (or quitclaims) to (insert owner's name), TOD to (insert beneficiary's name)". This example is not intended to be exhaustive.

     (g) A transfer on death deed using the phrase "pay on death to" or the abbreviation "POD" may not be construed to require the liquidation of the real property being transferred.

     (h) This section does not preclude other methods of conveying real property that are permitted by law and have the effect of postponing enjoyment of an interest in real property until after the death of the owner. This section applies only to transfer on death deeds and does not invalidate any deed that is otherwise effective by law to convey title to the interest and estates provided in the deed.

     (i) The endorsement of the auditor under IC 36-2-11-14 is not necessary to record a transfer on death deed.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.30; P.L.36-2011, SEC.13.

 

IC 32-17-14-12Transfer 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.

     (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.

As added by P.L.143-2009, SEC.41.

 

IC 32-17-14-13Direct 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.

 

IC 32-17-14-14Registration 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.

 

IC 32-17-14-15Beneficiary'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.

 

IC 32-17-14-16Changing or revoking a beneficiary designation

     Sec. 16. (a) A beneficiary designation may be revoked or changed during the lifetime of the owner.

     (b) A revocation or change of a beneficiary designation involving property owned as tenants by the entirety must be made with the agreement of both tenants for so long as both tenants are alive. After an individual dies owning as a tenant by the entirety property that is subject to a beneficiary designation, the individual's surviving spouse may revoke or change the beneficiary designation.

     (c) A revocation or change of a beneficiary designation involving property owned in a form of ownership (other than as tenants by the entirety) that restricts conveyance of the interest unless another person joins in the conveyance must be made with the agreement of each living owner required to join in a conveyance.

     (d) A revocation or change of a beneficiary designation involving property owned by joint owners with a right of survivorship must be made with the agreement of each living owner.

     (e) A subsequent beneficiary designation revokes a prior beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise.

     (f) A revocation or change in a beneficiary designation must comply with the terms of any governing instrument, this chapter, and any other applicable law.

     (g) A beneficiary designation may not be revoked or changed by a will or trust unless the beneficiary designation expressly grants the owner the right to revoke or change the beneficiary designation by a will or trust.

     (h) A transfer during the owner's lifetime of the owner's interest in the property, with or without consideration, terminates the beneficiary designation with respect to the property transferred.

     (i) The effective date of a revocation or change in a beneficiary designation is determined in the same manner as the effective date of a beneficiary designation.

     (j) An owner may revoke a beneficiary designation made in a transfer on death deed by executing and recording before the death of the owner with the recorder of deeds in the county in which the real property is situated either:

(1) a subsequent deed of conveyance revoking, omitting, or changing the beneficiary designation; or

(2) an affidavit acknowledged or proved under IC 32-21-2-3 that revokes or changes the beneficiary designation.

     (k) A physical act, such as a written modification on or the destruction of a transfer on death deed after the transfer on death deed has been recorded, has no effect on the beneficiary designation.

     (l) A transfer on death deed may not be revoked or modified by will or trust.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.32.

 

IC 32-17-14-17Powers 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.

 

IC 32-17-14-18Lost, 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.

 

IC 32-17-14-19Effect 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.

 

IC 32-17-14-20Beneficiary 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.

 

IC 32-17-14-21Trusts 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.

 

IC 32-17-14-22Substitution 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.

 

IC 32-17-14-23Effect 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.

 

IC 32-17-14-24Fraud, 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.

 

IC 32-17-14-25Rights 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.

 

IC 32-17-14-26General rules applying to a beneficiary designation

     Sec. 26. (a) If an agreement between the owner and a transferring entity is required to carry out a transfer on death transfer as described in section 7 of this chapter, a transferring entity may not adopt rules for the making, execution, acceptance, and revocation of a beneficiary designation that are inconsistent with this chapter.

     (b) The following rules apply to a beneficiary designation:

(1) A beneficiary designation or a request for registration of property in beneficiary form must be made in writing, signed by the owner, dated, and, in the case of a transfer on death deed, compliant with all requirements for the recording of deeds.

(2) A security that is not registered in the name of the owner may be registered in beneficiary form on instructions given by a broker or person delivering the security.

(3) A beneficiary designation may designate one (1) or more primary beneficiaries and one (1) or more contingent beneficiaries.

(4) On property registered in beneficiary form, a primary beneficiary is the person shown immediately following the transfer on death direction. Words indicating that the person is a primary beneficiary are not required. The name of a contingent beneficiary in the registration must have the words "contingent beneficiary" or words of similar meaning to indicate the contingent nature of the interest being transferred.

(5) Multiple surviving beneficiaries share equally in the property being transferred unless a different percentage or fractional share is stated for each beneficiary. If a percentage or fractional share is designated for multiple beneficiaries, the surviving beneficiaries share in the proportion that their designated shares bear to each other.

(6) A transfer of unequal shares to multiple beneficiaries for property registered in beneficiary form may be expressed in numerical form following the name of the beneficiary in the registration.

(7) A transfer on death transfer of property also transfers any interest, rent, royalties, earnings, dividends, or credits earned or declared on the property but not paid or credited before the owner's death.

(8) If a distribution by a transferring entity under a transfer on death transfer results in fractional shares in a security or other property that is not divisible, the transferring entity may distribute the fractional shares in the name of all beneficiaries as tenants in common or as the beneficiaries may direct, or the transferring entity may sell the property that is not divisible and distribute the proceeds to the beneficiaries in the proportions to which they are entitled.

(9) On the death of the owner, the property, minus all amounts and charges owed by the owner to the transferring entity, belongs to the surviving beneficiaries and, in the case of substitute beneficiaries permitted under section 22 of this chapter, the lineal descendants of designated beneficiaries who did not survive the owner are entitled to the property as follows:

(A) If there are multiple primary beneficiaries and a primary beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the nonsurviving beneficiary is allocated among the surviving beneficiaries in the proportion that their shares bear to each other.

(B) If there are no surviving primary beneficiaries and there are no substitutes for the nonsurviving primary beneficiaries under section 22 of this chapter, the property belongs to the surviving contingent beneficiaries in equal shares or according to the percentages or fractional shares stated in the registration.

(C) If there are multiple contingent beneficiaries and a contingent beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the nonsurviving contingent beneficiary is allocated among the surviving contingent beneficiaries in the proportion that their shares bear to each other.

(10) If a trustee designated as a beneficiary:

(A) does not survive the owner;

(B) resigns; or

(C) is unable or unwilling to execute the trust as trustee and no successor trustee is appointed in the twelve (12) months following the owner's death;

the transferring entity may make the distribution as if the trust did not survive the owner.

(11) If a trustee is designated as a beneficiary and no affidavit of certification of trust or probated will creating an express trust is presented to the transferring entity within the twelve (12) months after the owner's death, the transferring entity may make the distribution as if the trust did not survive the owner.

(12) If the transferring entity is not presented evidence during the twelve (12) months after the owner's death that there are lineal descendants of a nonsurviving beneficiary for whom LDPS distribution applies who survived the owner, the transferring entity may make the transfer as if the nonsurviving beneficiary's descendants also failed to survive the owner.

(13) If a beneficiary cannot be located at the time the transfer is made to located beneficiaries, the transferring entity shall hold the missing beneficiary's share. If the missing beneficiary's share is not claimed by the beneficiary or by the beneficiary's personal representative or successor during the twelve (12) months after the owner's death, the transferring entity shall transfer the share as if the beneficiary did not survive the owner.

(14) A transferring entity has no obligation to attempt to locate a missing beneficiary, to pay interest on the share held for a missing beneficiary, or to invest the share in any different property.

(15) Cash, interest, rent, royalties, earnings, or dividends payable to a missing beneficiary may be held by the transferring entity at interest or reinvested by the transferring entity in the account or in a dividend reinvestment account associated with a security held for the missing beneficiary.

(16) If a transferring entity is required to make a transfer on death transfer to a minor or an incapacitated adult, the transfer may be made under the Indiana Uniform Transfers to Minors Act, the Indiana Uniform Custodial Trust Act, or a similar law of another state.

(17) A written request for the execution of a transfer on death transfer may be made by any beneficiary, a beneficiary's legal representative or attorney in fact, or the owner's personal representative.

(18) A transfer under a transfer on death deed occurs automatically upon the owner's death subject to the requirements of subdivision (20) and does not require a request for the execution of the transfer.

(19) A written request for the execution of a transfer on death transfer must be accompanied by the following:

(A) A certificate or instrument evidencing ownership of the contract, account, security, or property.

(B) Proof of the deaths of the owner and any nonsurviving beneficiary.

(C) An inheritance tax waiver from states that require it.

(D) In the case of a request by a legal representative, a copy of the instrument creating the legal authority or a certified copy of the court order appointing the legal representative.

(E) Any other proof of the person's entitlement that the transferring entity may require.

(20) On the death of an owner whose transfer on death deed has been recorded, the beneficiary shall file an affidavit in the office of the recorder of the county in which the real property is located. The affidavit must be endorsed by the county auditor under IC 36-2-11-14 in order to be recorded. The affidavit must contain the following:

(A) The legal description of the property.

(B) The date of death of the owner.

(C) The name and address of each designated beneficiary who survives the owner or is in existence on the date of the owner's death.

(D) The name of each designated beneficiary who has not survived the owner's death or is not in existence on the date of the owner's death.

(E) A cross-reference to the recorded transfer on death deed.

     (c) A beneficiary designation is presumed to be valid. A party may rely on the presumption of validity unless the party has actual knowledge that the beneficiary designation was not validly executed. A person who acts in good faith reliance on a transfer on death deed is immune from liability to the same extent as if the person had dealt directly with the named owner and the named owner had been competent and not incapacitated.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.34; P.L.36-2011, SEC.16; P.L.149-2012, SEC.15; P.L.51-2014, SEC.30.

 

IC 32-17-14-27Powers and duties of a transferring entity

     Sec. 27. (a) An owner who makes arrangements for a transfer on death transfer under this chapter gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation.

     (b) A transferring entity may execute a transfer on death transfer with or without a written request for execution.

     (c) A transferring entity may rely and act on:

(1) a certified or authenticated copy of a death certificate issued by an official or an agency of the place where the death occurred as showing the fact, place, date, and time of death and the identity of the decedent; and

(2) a certified or authenticated copy of a report or record of any governmental agency that a person is missing, detained, dead, or alive, and the dates, circumstances, and places disclosed by the record or report.

     (d) A transferring entity has no duty to verify the information contained within a written request for the execution of a beneficiary designation. The transferring entity may rely and act on a request made by a beneficiary or a beneficiary's attorney in fact, guardian, conservator, or other agent.

     (e) A transferring entity has no duty to:

(1) except as provided in subsection (g), give notice to any person of the date, manner, and persons to whom a transfer will be made under beneficiary designation;

(2) attempt to locate any beneficiary or lineal descendant substitute;

(3) determine whether a nonsurviving beneficiary or descendant had a lineal descendant who survived the owner;

(4) locate a trustee or custodian;

(5) obtain the appointment of a successor trustee or custodian;

(6) discover the existence of a trust instrument or will that creates an express trust; or

(7) determine any fact or law that would:

(A) cause the beneficiary designation to be revoked in whole or in part as to any person because of a change in marital status or other reason; or

(B) cause a variation in the distribution provided in the beneficiary designation.

     (f) A transferring entity has no duty to withhold making a transfer based on knowledge of any fact or claim adverse to the transfer to be made unless before making the transfer the transferring entity receives a written notice that:

(1) in manner, place, and time affords a reasonable opportunity to act on the notice before making the transfer; and

(2) does the following:

(A) Asserts a claim of beneficial interest in the transfer adverse to the transfer to be made.

(B) Gives the name of the claimant and an address for communications directed to the claimant.

(C) Identifies the deceased owner.

(D) States the nature of the claim as it affects the transfer.

     (g) If a transferring entity receives a timely notice meeting the requirements of subsection (f), the transferring entity may discharge any duty to the claimant by sending a notice by certified mail to the claimant at the address provided by the claimant's notice of claim. The notice must advise the claimant that a transfer adverse to the claimant's asserted claim will be made at least forty-five (45) days after the date of the mailing unless the transfer is restrained by a court order. If the transferring entity mails the notice described by this subsection to the claimant, the transferring entity shall withhold making the transfer for at least forty-five (45) days after the date of the mailing. Unless the transfer is restrained by court order, the transferring entity may make the transfer at least forty-five (45) days after the date of the mailing.

     (h) Neither notice that does not comply with the requirements of subsection (f) nor any other information shown to have been available to a transferring entity, its transfer agent, or its employees affects the transferring entity's right to the protections provided by this chapter.

     (i) A transferring entity is not responsible for the application or use of property transferred to a fiduciary entitled to receive the property.

     (j) Notwithstanding the protections provided a transferring entity by this chapter, a transferring entity may require parties engaged in a dispute over the propriety of a transfer to:

(1) adjudicate their respective rights; or

(2) furnish an indemnity bond protecting the transferring entity.

     (k) A transfer by a transferring entity made in accordance with this chapter and under the beneficiary designation in good faith and reliance on information the transferring entity reasonably believes to be accurate discharges the transferring entity from all claims for the amounts paid and the property transferred.

     (l) All protections provided by this chapter to a transferring entity are in addition to the protections provided by any other applicable Indiana law.

As added by P.L.143-2009, SEC.41. Amended by P.L.149-2012, SEC.16.

 

IC 32-17-14-28Effect of improper distributions

     Sec. 28. (a) The protections provided to a transferring entity or to a purchaser or lender for value by this chapter do not affect the rights of beneficiaries or others involved in disputes that:

(1) are with parties other than a transferring entity or purchaser or lender for value; and

(2) concern the ownership of property transferred under this chapter.

     (b) Unless the payment or transfer can no longer be challenged because of adjudication, estoppel, or limitations, a transferee of money or property under a transfer on death transfer that was improperly distributed or paid is liable for:

(1) the return of the money or property, including income earned on the money or property, to the transferring entity; or

(2) the delivery of the money or property, including income earned on the money or property, to the rightful transferee.

In addition, the transferee is liable for the amount of attorney's fees and costs incurred by the rightful transferee in bringing the action in court.

     (c) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid does not have the property, the transferee is liable for an amount equal to the sum of:

(1) the value of the property as of the date of the disposition;

(2) the income and gain that the transferee received from the property and its proceeds; and

(3) the amount of attorney's fees and costs incurred by the rightful transferee in bringing the action in court.

     (d) If a transferee of money or property under a transfer on death transfer that was improperly distributed or paid encumbers the property, the transferee:

(1) shall satisfy the debt incurred in an amount sufficient to release any security interest, lien, or other encumbrance on the property; and

(2) is liable for the amount of attorney's fees and costs incurred by the rightful transferee in bringing the action in court.

     (e) A purchaser for value of property or a lender who acquires a security interest in the property from a beneficiary of a transfer on death transfer:

(1) in good faith; or

(2) without actual knowledge that:

(A) the transfer was improper; or

(B) information in an affidavit provided under section 26(b)(20) of this chapter was not true;

takes the property free of any claims of or liability to the owner's estate, creditors of the owner's estate, persons claiming rights as beneficiaries of the transfer on death transfer, or heirs of the owner's estate. A purchaser or lender for value has no duty to verify sworn information relating to the transfer on death transfer.

     (f) The protection provided by subsection (e) applies to information that relates to the beneficiary's ownership interest in the property and the beneficiary's right to sell, encumber, and transfer good title to a purchaser or lender but does not relieve a purchaser or lender from the notice provided by instruments of record with respect to the property.

     (g) A transfer on death transfer that is improper under section 22, 23, 24, or 25 of this chapter imposes no liability on the transferring entity if the transfer is made in good faith. The remedy of a rightful transferee must be obtained in an action against the improper transferee.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.35.

 

IC 32-17-14-29Creditors 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.

 

IC 32-17-14-30Change 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.

 

IC 32-17-14-31Duties 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.

 

IC 32-17-14-32Out-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.

 

IC 32-17.5ARTICLE 17.5. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
           Ch. 1.General Provisions
           Ch. 2.Definitions
           Ch. 3.Power to Disclaim; Irrevocability of Disclaimer
           Ch. 4.Disclaimer of Interest in Property
           Ch. 5.Disclaimer of Rights of Survivorship in Jointly Held Property
           Ch. 6.Disclaimer of Certain Powers or Interests
           Ch. 7.Delivery or Filing of Disclaimer
           Ch. 8.Limitation or Bar of Disclaimer
           Ch. 9.Tax Qualified Disclaimer

 

IC 32-17.5-1Chapter 1. General Provisions
           32-17.5-1-0.2Application of certain amendments to prior law
           32-17.5-1-1Applicability
           32-17.5-1-2Effect on other statutes
           32-17.5-1-3Disclaiming interest in existence on July 1, 2003
           32-17.5-1-4Construction
           32-17.5-1-5Citing article

 

IC 32-17.5-1-0.2Application 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.

 

IC 32-17.5-1-1Applicability

     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.

 

IC 32-17.5-1-2Effect 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.

 

IC 32-17.5-1-3Disclaiming 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.

 

IC 32-17.5-1-4Construction

     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.

 

IC 32-17.5-1-5Citing article

     Sec. 5. This article may be cited as the "Uniform Disclaimer of Property Interests Act (1999)".

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-2Chapter 2. Definitions
           32-17.5-2-1"Beneficiary designation"
           32-17.5-2-2"Disclaimant"
           32-17.5-2-3"Disclaimed interest"
           32-17.5-2-4"Disclaimer"
           32-17.5-2-5"Fiduciary"
           32-17.5-2-6"Future interest"
           32-17.5-2-7"Jointly held property"
           32-17.5-2-8"Person"
           32-17.5-2-9"State"
           32-17.5-2-10"Time of distribution"
           32-17.5-2-11"Trust"

 

IC 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.

 

IC 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.

 

IC 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.

 

IC 32-17.5-2-4"Disclaimer"

     Sec. 4. "Disclaimer" means a refusal to accept an interest in or power over property.

As added by P.L.5-2003, SEC.1.

 

IC 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.

 

IC 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.

 

IC 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.

 

IC 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.

 

IC 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.

 

IC 32-17.5-2-10"Time of distribution"

     Sec. 10. "Time of distribution" means the time when a disclaimed interest would otherwise have taken effect in possession or enjoyment.

As added by P.L.5-2003, SEC.1.

 

IC 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.

 

IC 32-17.5-3Chapter 3. Power to Disclaim; Irrevocability of Disclaimer
           32-17.5-3-1Disclaiming power or interest in property
           32-17.5-3-2Fiduciary's right to disclaim
           32-17.5-3-3Disclaimer requirements
           32-17.5-3-4Partial disclaimer
           32-17.5-3-5When irrevocable
           32-17.5-3-6Disclaimer not a transaction, assignment, or release

 

IC 32-17.5-3-1Disclaiming 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.

 

IC 32-17.5-3-2Fiduciary'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.

 

IC 32-17.5-3-3Disclaimer 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.

 

IC 32-17.5-3-4Partial 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.

 

IC 32-17.5-3-5When 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.

 

IC 32-17.5-3-6Disclaimer 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.

 

IC 32-17.5-4Chapter 4. Disclaimer of Interest in Property
           32-17.5-4-1Rules applicable to a disclaimer of an interest in property

 

IC 32-17.5-4-1Rules 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(16)) 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.

 

IC 32-17.5-5Chapter 5. Disclaimer of Rights of Survivorship in Jointly Held Property
           32-17.5-5-1Disclaimer by surviving joint holder

 

IC 32-17.5-5-1Disclaimer 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.

 

IC 32-17.5-6Chapter 6. Disclaimer of Certain Powers or Interests
           32-17.5-6-1Disclaimer by trustee
           32-17.5-6-2Disclaiming power of appointment
           32-17.5-6-3Disclaimer by appointee of power of appointment
           32-17.5-6-4Disclaiming power held in fiduciary capacity

 

IC 32-17.5-6-1Disclaimer 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.

 

IC 32-17.5-6-2Disclaiming power of appointment

     Sec. 2. If the holder of a power of appointment or other power not held in a fiduciary capacity disclaims the power, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-6-3Disclaimer by appointee of power of appointment

     Sec. 3. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.

     (b) A disclaimer of an interest in property by:

(1) persons eligible to receive property upon exercise of the power of appointment; or

(2) a taker in default of an exercise of a power of appointment;

takes effect as of the time the instrument creating the power becomes irrevocable.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-6-4Disclaiming power held in fiduciary capacity

     Sec. 4. (a) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

     (b) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.

     (c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7Chapter 7. Delivery or Filing of Disclaimer
           32-17.5-7-1Delivery; in general
           32-17.5-7-2Interest created by intestate succession or will
           32-17.5-7-3Interest in testamentary trust
           32-17.5-7-4Interest in an intervivos trust
           32-17.5-7-5Interest created by beneficiary designation
           32-17.5-7-6Disclaiming after beneficiary designation irrevocable
           32-17.5-7-7Jointly held property
           32-17.5-7-8Disclaimer by object or taker in default of exercise of power of appointment
           32-17.5-7-9Appointee of nonfiduciary power of appointment
           32-17.5-7-10Fiduciary of a power over a trust or estate
           32-17.5-7-11Disclaimer by agent

 

IC 32-17.5-7-1Delivery; in general

     Sec. 1. Subject to sections 2 through 11 of this chapter, a disclaimer may be delivered by:

(1) personal delivery;

(2) first class mail; or

(3) any other method likely to result in receipt of the disclaimer.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-2Interest created by intestate succession or will

     Sec. 2. A disclaimer of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust, must be:

(1) delivered to the personal representative of the decedent's estate; or

(2) filed with a court having jurisdiction to appoint the personal representative if no personal representative is then serving.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-3Interest in testamentary trust

     Sec. 3. A disclaimer of an interest in a testamentary trust must be:

(1) delivered to the trustee then serving;

(2) delivered to the personal representative of the decedent's estate if no trustee is then serving; or

(3) filed with a court having jurisdiction to enforce the trust if no personal representative is then serving.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-4Interest in an intervivos trust

     Sec. 4. A disclaimer of an interest in an inter vivos trust must be:

(1) delivered to the trustee then serving;

(2) filed with a court having jurisdiction to enforce the trust if no trustee is then serving; or

(3) delivered to the settlor of a revocable trust or the transferor of the interest if the disclaimer is made before the time the instrument creating the trust becomes irrevocable.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-5Interest created by beneficiary designation

     Sec. 5. A disclaimer of an interest created by a beneficiary designation made before the time the designation becomes irrevocable must be delivered to the person making the beneficiary designation.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-6Disclaiming after beneficiary designation irrevocable

     Sec. 6. A disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable must be delivered to the person obligated to distribute the interest.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-7Jointly held property

     Sec. 7. A disclaimer by a surviving holder of jointly held property must be delivered to the person to whom the disclaimed interest passes.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-8Disclaimer by object or taker in default of exercise of power of appointment

     Sec. 8. (a) This section applies to a disclaimer of an interest in property by:

(1) an object; or

(2) a taker in default;

of exercise of a power of appointment.

     (b) At any time after the power was created, the disclaimer must be:

(1) delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(2) filed with a court having authority to appoint a fiduciary if no fiduciary is then serving.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-9Appointee of nonfiduciary power of appointment

     Sec. 9. A disclaimer by an appointee of a nonfiduciary power of appointment must be:

(1) delivered to:

(A) the holder;

(B) the personal representative of the holder's estate; or

(C) the fiduciary under the instrument that created the power; or

(2) filed with a court having authority to appoint the fiduciary if no fiduciary is then serving.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-10Fiduciary of a power over a trust or estate

     Sec. 10. A disclaimer by a fiduciary of a power over a trust or estate must be delivered as provided in section 2, 3, or 4 of this chapter as if the power disclaimed were an interest in property.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-7-11Disclaimer by agent

     Sec. 11. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8Chapter 8. Limitation or Bar of Disclaimer
           32-17.5-8-1Waiver
           32-17.5-8-2Events barring disclaimer
           32-17.5-8-2.5Disclaimer barred in amount of child support arrearage
           32-17.5-8-3Power held in fiduciary capacity
           32-17.5-8-4Power not held in fiduciary capacity
           32-17.5-8-5Other law
           32-17.5-8-6Effect of disclaimer

 

IC 32-17.5-8-1Waiver

     Sec. 1. A disclaimer is barred by a written waiver of the right to disclaim if the waiver is:

(1) executed before the date of the disclaimer;

(2) executed by the person having the right to disclaim; and

(3) delivered or filed in the same manner that a disclaimer would be delivered or filed under IC 32-17.5-7.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8-2Events barring disclaimer

     Sec. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:

(1) The disclaimant accepts the interest sought to be disclaimed.

(2) The disclaimant voluntarily:

(A) assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed; or

(B) contracts to take an action described in clause (A).

(3) A judicial sale of the interest sought to be disclaimed occurs.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8-2.5Disclaimer barred in amount of child support arrearage

     Sec. 2.5. (a) This section applies to a disclaimer of an interest in property by a disclaimant who is delinquent (as defined in IC 31-9-2-36(b)) before the disclaimer becomes effective.

     (b) A disclaimer of an interest in property is barred up to the amount of the disclaimant's child support arrearage.

As added by P.L.80-2010, SEC.52.

 

IC 32-17.5-8-3Power held in fiduciary capacity

     Sec. 3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8-4Power not held in fiduciary capacity

     Sec. 4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by the previous exercise of the power unless the power is exercisable in favor of the disclaimant.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8-5Other law

     Sec. 5. A disclaimer is barred or limited if the disclaimer is barred or limited by Indiana law other than this article.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-8-6Effect of disclaimer

     Sec. 6. (a) A disclaimer of a power over property that is barred by this article is ineffective.

     (b) A disclaimer of an interest in property that is barred by this article takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred.

As added by P.L.5-2003, SEC.1.

 

IC 32-17.5-9Chapter 9. Tax Qualified Disclaimer
           32-17.5-9-1Disclaimer for estate and gift tax purposes

 

IC 32-17.5-9-1Disclaimer for estate and gift tax purposes

     Sec. 1. Notwithstanding any other provision of this article, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under:

(1) Title 26 of the United States Code, in effect on July 1, 2003, or later amended or a successor statute; and

(2) the regulations promulgated under the statute referred to in subdivision (1);

as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this article.

As added by P.L.5-2003, SEC.1.

 

IC 32-18ARTICLE 18. INTERESTS OF CREDITORS IN PROPERTY
           Ch. 1.Assignment of Real and Personal Property for the Benefit of Creditors
           Ch. 2.Uniform Fraudulent Transfer Act
           Ch. 3.Resale of Insolvent Debtors' Real Estate

 

IC 32-18-1Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors
           32-18-1-1Assignment of all debtor's property in trust for creditors; fraudulent and void assignments; trustees
           32-18-1-2Filing indenture of assignment with county recorder; description of property; oaths of assignor
           32-18-1-3Trustee; duties on execution of assignment; bond
           32-18-1-4Circuit court clerk's recording of filing of indenture, schedule, and undertaking
           32-18-1-5Trustee; removal upon petition of assignor or creditor
           32-18-1-6Trustee; notice of appointment; inventory of property
           32-18-1-7Appraisers; oath required
           32-18-1-8Appraisal of property
           32-18-1-9Appraisal; set off to resident household assignor
           32-18-1-10Sale of property; partition of land
           32-18-1-11Report of trustee
           32-18-1-12Trial of disallowed claims
           32-18-1-13Lien or encumbrance on property sold
           32-18-1-14Distribution of money in possession of trustee
           32-18-1-15Examination of assignor or transferee
           32-18-1-16Oath of persons filing claims
           32-18-1-17Debt or claim belonging to assignor; compounding or compromising
           32-18-1-18Trustee; final report; discharge from trust
           32-18-1-19Trustee; removal; vacancy
           32-18-1-20Right to appeal
           32-18-1-21Fees allowed clerk of court; compensation of appraisers and trustee
           32-18-1-22Power of surviving partner to make assignments

 

IC 32-18-1-1Assignment of all debtor's property in trust for creditors; fraudulent and void assignments; trustees

     Sec. 1. (a) A debtor who is in embarrassed or failing circumstances may make a general assignment of all the debtor's property in trust for the benefit of all the debtor's bona fide creditors.

     (b) Except as provided in this chapter, an assignment described in subsection (a) that is made after March 19, 1859, is considered fraudulent and void.

     (c) A debtor who is:

(1) in embarrassed or failing circumstances; and

(2) making a general assignment of all the debtor's property as provided in this chapter;

may select the debtor's trustee. The trustee shall serve and qualify, unless creditors representing an amount of at least one-half (1/2) of the liabilities of the debtor petition the court for the removal of the trustee and the appointment of another trustee. If the petition is filed, the judge of the circuit or superior court in which the debtor resides shall immediately remove the trustee and appoint a suitable disinterested party to act as trustee in place of the removed trustee.

     (d) This chapter may not be construed to prevent a debtor from preferring a particular creditor by an assignment not made under this chapter that:

(1) conveys less than all of the debtor's property;

(2) is made for the benefit of less than all of the debtor's creditors; or

(3) is made by other means;

if the action is taken in good faith and not as a part of, or in connection with, a general assignment made under this chapter. However, a corporation may not prefer any creditor if a director of the corporation is a surety on the indebtedness preferred or has been a surety on the indebtedness within four (4) months before the preference.

[Pre-2002 Recodification Citation: 32-12-1-1.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-2Filing indenture of assignment with county recorder; description of property; oaths of assignor

     Sec. 2. (a) An assignment under this chapter must be:

(1) by indenture; and

(2) signed and acknowledged before a person who is authorized to take the acknowledgment of deeds.

     (b) The indenture must, within ten (10) days after the execution, be filed with the recorder of the county in which the assignor resides. The recorder shall record the indenture of assignment the same as deeds are recorded.

     (c) The indenture of assignment must:

(1) contain a full description of all real estate assigned; and

(2) be accompanied by a schedule containing a particular enumeration and description of all the personal property assigned.

     (d) The assignor shall make oath before a person authorized to administer oaths. The oath must:

(1) verify the indenture and schedule and contain a statement of all the property, rights, and credits belonging to the assignor, or of which the assignor has knowledge, and that the assignor has not, directly or indirectly, transferred or reserved a sum of money or article of property for the assignor's own use or the benefit of another person; and

(2) indicate the assignor has not acknowledged a debt or confessed a judgment to a person for a sum greater than was justly owing to the person, or with the intention of delaying or defrauding the assignor's creditors.

     (e) An assignment under this chapter may not convey to the assignee an interest in property assigned until the assignment is recorded as provided in this section.

[Pre-2002 Recodification Citation: 32-12-1-2.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-3Trustee; duties on execution of assignment; bond

     Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file a copy of the assignment and schedule in the office of the clerk of the circuit court of the county in which the debtor resides. The trustee shall state under oath, before execution of the trust:

(1) that the trustee will faithfully execute the trust, and the property assigned has been actually delivered into the trustee's possession for the uses declared in the assignment; and

(2) what the probable value of the assigned property is.

     (b) The trustee shall, at the time the assignment and schedule is filed under subsection (a), file with the clerk a written undertaking to the state with at least one (1) sufficient surety. The bond to be approved by the clerk:

(1) must be in a sum double the amount of the value of the property assigned; and

(2) conditioned for the faithful discharge of the duties of the trustee's trust.

The bond must be for the use of a person injured by the action of the trustee.

[Pre-2002 Recodification Citation: 32-12-1-3.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-4Circuit court clerk's recording of filing of indenture, schedule, and undertaking

     Sec. 4. The clerk of the circuit court shall minute the filing of the copy of indenture, schedule, and undertaking in the proper book under section 3 of this chapter.

[Pre-2002 Recodification Citation: 32-12-1-4.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-5Trustee; removal upon petition of assignor or creditor

     Sec. 5. (a) If the trustee fails to comply with the provisions of sections 1 through 4 of this chapter, the judge of the circuit court, superior court, or probate court, or the clerk of the circuit court may, at the instance of the assignor or a creditor, by petition:

(1) remove the trustee; and

(2) appoint another suitable person as trustee.

     (b) A replacement trustee shall:

(1) comply with the requirements specified in this chapter;

(2) immediately take possession and control of the property assigned; and

(3) enter upon the execution of the trust, as provided in this chapter.

[Pre-2002 Recodification Citation: 32-12-1-5.]

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.137.

 

IC 32-18-1-6Trustee; notice of appointment; inventory of property

     Sec. 6. (a) Immediately after complying with the requirements set forth in this chapter, the trustee shall give notice of the trustee's appointment by publication, three (3) weeks successively, in a newspaper printed and published in the county. If a newspaper is not printed and published in the county, the trustee shall:

(1) place written notice in at least five (5) of the most public places in the county; and

(2) publish notice in a newspaper printed and published in the nearest county, for the time and in the manner mentioned in reference to publication in the county where the assignor resides.

     (b) The trustee shall, within thirty (30) days after beginning the duties of the trust, make and file, under oath, a full and complete inventory of all the property, real and personal, the rights, credits, interests, profits, and collaterals that the trustee obtains, or of which the trustee may have obtained knowledge as belonging to the assignor. If:

(1) any property not mentioned in an inventory comes into the trustee's hands; or

(2) the trustee obtains satisfactory information of the existence of property not mentioned in an inventory;

the trustee shall file an additional inventory of the property as described in this section.

[Pre-2002 Recodification Citation: 32-12-1-6.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-7Appraisers; oath required

     Sec. 7. The trustee, not more than twenty (20) days after filing the inventory mentioned in section 6 of this chapter, shall cause the property mentioned in the inventory to be appraised by two (2) reputable householders of the neighborhood. The appraisers, before proceeding to discharge their duty, must take and subscribe an oath that they will honestly appraise the property mentioned in the inventory filed by the trustee. The oath must be filed, together with the appraisement, with the clerk of the circuit court.

[Pre-2002 Recodification Citation: 32-12-1-7.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-8Appraisal of property

     Sec. 8. The appraisers shall, in the presence of the trustee:

(1) appraise each article mentioned in the inventory at its true value; and

(2) set down opposite each article respectively the value fixed by them in dollars and cents.

[Pre-2002 Recodification Citation: 32-12-1-8.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-9Appraisal; set off to resident household assignor

     Sec. 9. (a) If the assignor is a resident householder of Indiana, the appraisers shall set off to the assignor articles of property or so much of the real estate mentioned in the inventory as the assignor may select, not to exceed three hundred dollars ($300).

     (b) The appraisers shall, in an appraisement, specify what articles of property and the value of the property, or what part of the real estate and its value, they have set apart to the assignor.

[Pre-2002 Recodification Citation: 32-12-1-9.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-10Sale of property; partition of land

     Sec. 10. (a) The trustee, as soon as possible after an appraisement is filed, shall collect the rights and credits of the assignor. Except for property set off by the assignor as exempt, the trustee shall sell at public auction the appraised property after giving thirty (30) days notice of the time and place of sale:

(1) by publication in a newspaper printed and published in the county; or

(2) if a newspaper is not printed and published in the county, by posting written or printed notices in at least five (5) of the most public places in the county.

     (b) The trustee shall sell the appraised property to the highest bidder for cash, or upon credit, the trustee taking notes with security to be approved by the trustee, waiving relief from valuation or appraisement laws, payable not more than twelve (12) months after the date, with interest.

     (c) The trustee must make a full return, under oath, of the sale to the clerk of the circuit court. The clerk shall file the return with the other papers in the case. However, a court may, upon the sworn petition of the trustee, a creditor, or the assignor, for good cause shown, extend the time for selling the property, or any part of the property, for as much time as the court determines will serve the best interests of the creditors. The court may extend the credit on sales for not more than two (2) years.

     (d) The court may, upon the sworn petition of the trustee or of a majority of the creditors showing that the property may deteriorate in value by delay or that it will be beneficial to the creditors to have an early sale order the property sold upon notice of the time, place, and terms of sale, and in a manner the court determines is best.

     (e) The court may authorize the property sold at private sale at not less than its appraised value if it is shown that a private sale would be beneficial to the creditors of the assignor. The court shall supervise the estate of the assignor and may make all necessary orders in the interest of the creditors for its control and management by the trustee before the sale. In the interest of all parties, the court may upon petition of the assignee, if the wife of the assignor is a party to the petition, order partition of the land of the assignor, before sale, between the assignee and wife of the assignor. The court shall set off to the wife her inchoate one-third (1/3) in the land before sale. If the court finds that the land cannot be partitioned without detriment to the interest of the creditors of the assignor, the court may make an order directing the sale of all the land conveyed to the assignee by the assignor, including the wife's one-third (1/3) inchoate interest. The one-third (1/3) of the money for which the land is sold shall be paid to the wife of the assignor when collected. The assignee shall, after sale, compel the trustee to report the money in the trustee's hands for distribution, and shall compel the money to be paid into court for distribution if the assets are shown to be sufficient to pay a ten percent (10%) dividend upon the indebtedness. The distribution may be ordered from time to time when, on application of any person interested, it is shown to the court that there is sufficient funds in the hands of the trustee to pay the dividend of ten percent (10%).

[Pre-2002 Recodification Citation: 32-12-1-10.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-11Report of trustee

     Sec. 11. The trustee shall, within six (6) months after beginning the duties of the trust, report to the judge of the circuit court, superior court, or probate court, under oath:

(1) the amount of money in the trustee's hands from:

(A) the sale of property; and

(B) collections; and

(2) the amount still uncollected.

The trustee shall also, in the report, list all claims of creditors that have been presented to the trustee against the assignor. The trustee shall denote the claims that the trustee concludes should be allowed and those that the trustee determines not to allow.

[Pre-2002 Recodification Citation: 32-12-1-11.]

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.138.

 

IC 32-18-1-12Trial of disallowed claims

     Sec. 12. The clerk of the court shall spread the report and list upon the appearance docket of the court. The clerk shall distinguish between the claims the trustee has determined to allow and the claims the trustee has refused to allow. In all cases in which the trustee has refused to allow a claim, and in which a creditor objects to the allowance of the claim of another creditor, the judge may order the case to stand for trial at the next term of the court. The trial shall be governed by the rules regulating the trials of similar actions in the circuit court. If, after trial of the claim, the court is satisfied that the claim is valid and just, the court shall order the claim to be allowed and paid as other similar claims are paid. The court shall also make an order with respect to costs as the court considers just.

[Pre-2002 Recodification Citation: 32-12-1-12.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-13Lien or encumbrance on property sold

     Sec. 13. (a) A part of the property assigned on which there are liens or encumbrances may be sold by the trustee subject to the liens or encumbrances.

     (b) However, if the trustee is satisfied that the general fund would be materially increased by the payment of the liens or encumbrances, the trustee shall make application, by petition, to the judge of the circuit court, superior court, or probate court for an order to pay the liens and encumbrances before selling the property. Before the holder of any lien or encumbrance is entitled to receive any part of the holder's debt from the general fund, the holder shall proceed to enforce the payment of the debt by sale, or otherwise, of the property on which the lien or encumbrance exists. For the residue of the claim, the holder of the lien or encumbrance shall share pro rata with the other creditors, if entitled to do so under Indiana law.

[Pre-2002 Recodification Citation: 32-12-1-13.]

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.139.

 

IC 32-18-1-14Distribution of money in possession of trustee

     Sec. 14. If the court confirms the report made as provided under section 11 of this chapter and if no contested claims are standing on the docket as provided under section 12 of this chapter, the court shall order the trustee to pay all money in the trustee's hands to the clerk of the court. The clerk, after deducting the costs incident to the execution of the trust, including an allowance to the trustee as the court considers just, shall:

(1) distribute the money among the creditors according to this chapter; and

(2) take receipts from each creditor.

[Pre-2002 Recodification Citation: 32-12-1-14.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-15Examination of assignor or transferee

     Sec. 15. (a) If a creditor or the trustee, by verified petition, asks the court for the examination of the assignor or any person to whom any part of the person's property has been transferred within six (6) months before the assignment, the circuit or superior court may issue an order for the examination of:

(1) the assignor;

(2) a person or officer of a corporation to whom a transfer is believed to have been fraudulently made;

(3) a a person or officer of an association to whom a transfer is believed to have been fraudulently made; and

(4) a person alleged to have been concerned in the transfer.

     (b) A person described in subsection (a) may be brought before the court and, on oath, be compelled to answer all questions put to the person pertinent to the alleged transaction. The court may stay further transfers and subject property that has been fraudulently withheld or transferred to the operation of the general trust. The assignor or person shall be interrogated or be compelled to answer all questions concerning the disposition of the property of the assignor. The assignor may be interrogated and compelled to answer all questions concerning the management of the assignor's business and affairs for the six (6) months before the assignment. The assignor shall be compelled to produce all books, papers, and accounts in reference to the assignor's business affairs during the six (6) months preceding the assignment.

[Pre-2002 Recodification Citation: 32-12-1-15.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-16Oath of persons filing claims

     Sec. 16. A person who files a claim with the trustee must make oath that the claim is just and lawful and no part of the claim is for usurious interest. If a claim or part of a claim is for usurious interest, it must be deducted from the claims before they are allowed. The trustee may administer an oath to a creditor in reference to the validity and justice of a claim.

[Pre-2002 Recodification Citation: 32-12-1-16.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-17Debt or claim belonging to assignor; compounding or compromising

     Sec. 17. A trustee may compound or compromise a debt or claim belonging to the assignor that cannot be otherwise recovered without endangering the recovery of the claim or debt.

[Pre-2002 Recodification Citation: 32-12-1-17.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-18Trustee; final report; discharge from trust

     Sec. 18. (a) The trustee shall, at the expiration of one (1) year after entering upon the duties of the trust or at the next term of the court after the expiration of one (1) year after entering upon the duties of the trust, make a final report to the court.

     (b) After a hearing and determination, if the judge is satisfied with and approves the report, the judge shall order the trustee to be discharged from the trust. However, the judge may, for good cause shown, grant further time to the trustee to file a final account.

[Pre-2002 Recodification Citation: 32-12-1-18.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-19Trustee; removal; vacancy

     Sec. 19. (a) The judge of the circuit court, superior court, or probate court may, upon the petition of a creditor or the assignor, remove a trustee under this chapter for good cause shown and appoint a successor.

     (b) If a vacancy occurs by death, resignation, or removal of a trustee from Indiana, the judge may fill the vacancy and shall order a trustee who is removed to surrender all property in the trustee's hands belonging to the trust to the successor. The court may require a trustee removed under this section to pay to the clerk of the court all money in the trustee's hands, and on or before the next term, the trustee shall make and file a full and final report showing the condition of the trust and the trustee's management of the trust while under the trustee's control. If the court is satisfied with the report and the trustee has fully complied with this chapter and paid all money in the trustee's hands to the clerk of the court, the court may discharge the trustee.

[Pre-2002 Recodification Citation: 32-12-1-19.]

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.140.

 

IC 32-18-1-20Right to appeal

     Sec. 20. This chapter may not be construed to prevent a party aggrieved by an order or decree of the court under this chapter from having an appeal as in other civil actions.

[Pre-2002 Recodification Citation: 32-12-1-20.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-21Fees allowed clerk of court; compensation of appraisers and trustee

     Sec. 21. (a) For whatever services the clerk of the circuit court is required to perform under this chapter, the clerk is allowed the same fees as are allowed the clerk by law for similar services in other civil proceedings.

     (b) The appraisers under this chapter are entitled to one dollar ($1) per day each for their services.

     (c) The judge shall remunerate the trustee for the trustee's services in executing the trust out of the general fund as the judge considers just and proper.

[Pre-2002 Recodification Citation: 32-12-1-21.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-1-22Power of surviving partner to make assignments

     Sec. 22. A surviving partner of a firm doing business in Indiana has full power to make assignments under this chapter.

[Pre-2002 Recodification Citation: 32-12-2-1.]

As added by P.L.2-2002, SEC.3. Amended by P.L.1-2003, SEC.80.

 

IC 32-18-2Chapter 2. Uniform Fraudulent Transfer Act
           32-18-2-0.2Application of prior law to transfers and obligations
           32-18-2-1Applicability of chapter
           32-18-2-2Definitions
           32-18-2-3Repealed
           32-18-2-4Repealed
           32-18-2-5Repealed
           32-18-2-6Repealed
           32-18-2-7Repealed
           32-18-2-8Repealed
           32-18-2-9Repealed
           32-18-2-10Repealed
           32-18-2-11Repealed
           32-18-2-12Insolvency
           32-18-2-13Value; when given; default under mortgage, deed of trust, or security agreement
           32-18-2-14Transfers voidable as to present and future creditors; debtor's actual intent; transfer made without receipt of equivalent value in exchange; factors in determining actual intent; creditor's burden of proof
           32-18-2-15Transfers voidable as to present creditors; creditor's burden of proof
           32-18-2-16Transfers and obligations; when considered made or incurred
           32-18-2-17Remedies of creditor
           32-18-2-18Person taking in good faith and for equivalent value; creditor's remedies; limits on recovery; judgments based on value of asset transferred; remedies of good faith transferees or obligees; transfer resulting from lease termination or enforcement of security interest; burdens of proof
           32-18-2-19Statutes of limitation; extinguishment of claim for relief
           32-18-2-19.3Determination of debtor's location; governing law in claim for relief
           32-18-2-19.5Series organizations; protected series; considered separate persons
           32-18-2-20Supplementary provisions
           32-18-2-21Uniformity of application and construction
           32-18-2-22Relation to federal Electronic Signatures in Global and National Commerce Act
           32-18-2-23Relation to Uniform Voidable Transactions Act; citation; interpretation

 

IC 32-18-2-0.2Application of prior law to transfers and obligations

     Sec. 0.2. To the extent applicable, the following statutes (before their repeal by P.L.144-1994) apply to a transfer made or an obligation incurred before July 1, 1994:

(1) IC 30-1-9-7.

(2) IC 32-2-1-7.

(3) IC 32-2-1-8.

(4) IC 32-2-1-9.

(5) IC 32-2-1-10.

(6) IC 32-2-1-14.

(7) IC 32-2-1-15.

(8) IC 32-2-1-16.

(9) IC 32-2-1-17.

(10) IC 32-2-1-18.

As added by P.L.220-2011, SEC.520.

 

IC 32-18-2-1Applicability of chapter

     Sec. 1. (a) This chapter applies to all transfers made and obligations incurred after June 30, 1994.

     (b) This chapter does not apply to a transfer made or an obligation incurred before July 1, 1994.

[Pre-2002 Recodification Citation: 32-2-7-1.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-2-2Definitions

     Sec. 2. The following definitions apply throughout this chapter:

(1) "Asset" means property of a debtor, but the term does not include:

(A) property to the extent that it is encumbered by a valid lien;

(B) property to the extent that it is generally exempt under nonbankruptcy law, including property exempt from execution under IC 34-55-10; or

(C) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant.

(2) "Claim", except as used in "claim for relief", means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(3) "Creditor" means a person that has a claim.

(4) "Debt" means liability on a claim.

(5) "Debtor" means a person that is liable on a claim.

(6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(7) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.

(8) "Organization" means a person other than an individual.

(9) "Person" means an individual, an estate, a partnership, an association, a trust, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity.

(10) "Property" means anything that may be the subject of ownership.

(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or another medium and is retrievable in perceivable form.

(12) "Sign" means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(13) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or another encumbrance.

(14) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

[Pre-2002 Recodification Citation: 32-2-7-2.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.1.

 

IC 32-18-2-3Repealed

[Pre-2002 Recodification Citation: 32-2-7-3.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.2.

 

IC 32-18-2-4Repealed

[Pre-2002 Recodification Citation: 32-2-7-4.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.3.

 

IC 32-18-2-5Repealed

[Pre-2002 Recodification Citation: 32-2-7-5.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.4.

 

IC 32-18-2-6Repealed

[Pre-2002 Recodification Citation: 32-2-7-6.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.5.

 

IC 32-18-2-7Repealed

[Pre-2002 Recodification Citation: 32-2-7-7.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.6.

 

IC 32-18-2-8Repealed

[Pre-2002 Recodification Citation: 32-2-7-8.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.7.

 

IC 32-18-2-9Repealed

[Pre-2002 Recodification Citation: 32-2-7-9.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.8.

 

IC 32-18-2-10Repealed

[Pre-2002 Recodification Citation: 32-2-7-10.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.9.

 

IC 32-18-2-11Repealed

[Pre-2002 Recodification Citation: 32-2-7-11.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.10.

 

IC 32-18-2-12Insolvency

     Sec. 12. (a) For purposes of this section, assets do not include property that has been:

(1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or

(2) transferred in a manner making the transfer voidable under this chapter.

     (b) For purposes of this section, debts do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset under this section.

     (c) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.

     (d) A debtor that is generally not paying the debtor's debts as they become due, other than as a result of a bona fide dispute, is presumed to be insolvent. This presumption imposes upon the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.

[Pre-2002 Recodification Citation: 32-2-7-12.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.11.

 

IC 32-18-2-13Value; when given; default under mortgage, deed of trust, or security agreement

     Sec. 13. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied. Value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

     (b) For purposes of sections 14(a)(2) and 15 of this chapter, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset through a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

[Pre-2002 Recodification Citation: 32-2-7-13.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.12.

 

IC 32-18-2-14Transfers voidable as to present and future creditors; debtor's actual intent; transfer made without receipt of equivalent value in exchange; factors in determining actual intent; creditor's burden of proof

     Sec. 14. (a) A transfer made or an obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) intended to incur or believed or reasonably should have believed that the debtor would incur debts beyond the debtor's ability to pay as the debts became due.

     (b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:

(1) the debtor retained possession or control of the property transferred after the transfer;

(2) the transfer or obligation was disclosed or concealed;

(3) before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;

(4) the transfer was of substantially all the debtor's assets;

(5) the debtor absconded;

(6) the debtor removed or concealed assets;

(7) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(8) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; and

(9) the transfer occurred shortly before or shortly after a substantial debt was incurred.

     (c) A creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

[Pre-2002 Recodification Citation: 32-2-7-14.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.13.

 

IC 32-18-2-15Transfers voidable as to present creditors; creditor's burden of proof

     Sec. 15. (a) A transfer made or an obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if:

(1) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and

(2) the debtor:

(A) was insolvent at that time; or

(B) became insolvent as a result of the transfer or obligation.

     (b) Subject to section 12(d) of this chapter, a creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

[Pre-2002 Recodification Citation: 32-2-7-15.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.14.

 

IC 32-18-2-16Transfers and obligations; when considered made or incurred

     Sec. 16. The following apply for purposes of this chapter:

(1) A transfer is made:

(A) with respect to an asset that is real property other than a fixture (but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien (other than under this chapter) that is superior to the interest of the transferee.

(2) If applicable law permits a transfer to be perfected under subdivision (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is considered made immediately before the commencement of the action.

(3) If applicable law does not permit a transfer to be perfected under subdivision (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(A) if oral, when it becomes effective between the parties; or

(B) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

[Pre-2002 Recodification Citation: 32-2-7-16.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.15.

 

IC 32-18-2-17Remedies of creditor

     Sec. 17. (a) In an action for relief against a transfer or an obligation under this chapter, a creditor, subject to the limitations in section 18 of this chapter, may obtain any of the following:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by IC 34-25-2-1 or any other applicable statute providing for attachment or other provisional remedy against debtors generally.

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred, its proceeds, or of other property.

(B) Appointment of a receiver to take charge of the asset transferred or of the property of the transferee.

(C) Any other relief the circumstances require.

     (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court orders, may levy execution on the asset transferred or its proceeds.

[Pre-2002 Recodification Citation: 32-2-7-17.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-2-18Person taking in good faith and for equivalent value; creditor's remedies; limits on recovery; judgments based on value of asset transferred; remedies of good faith transferees or obligees; transfer resulting from lease termination or enforcement of security interest; burdens of proof

     Sec. 18. (a) A transfer or an obligation is not voidable under section 14(a)(1) of this chapter against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.

     (b) To the extent that a transfer is avoidable in an action by a creditor under section 17(a)(1) of this chapter, the following rules apply:

(1) Except as otherwise provided in this chapter, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(A) the first transferee of the asset or the person for whose benefit the transfer was made; or

(B) an immediate or mediate transferee of the first transferee, other than:

(i) a good faith transferee that took for value; or

(ii) an immediate or mediate good faith transferee of a person described in item (i).

(2) Recovery under section 17(a)(1) or 17(a)(2) of this chapter or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in subdivision (1).

     (c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

     (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(1) a lien on or a right to retain an interest in the asset transferred;

(2) enforcement of an obligation incurred; or

(3) a reduction in the amount of the liability on the judgment.

     (e) A transfer is not voidable under section 14(a)(2) or section 15 of this chapter if the transfer results from:

(1) termination of a lease upon default by the debtor when the termination is permitted by the lease and applicable law; or

(2) enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

     (f) The following rules determine the burden of proving matters referred to in this section:

(1) A party that seeks to invoke subsection (a), (d), or (e) has the burden of proving the applicability of that subsection.

(2) Except as otherwise provided in subdivisions (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).

(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(B)(i) or (b)(1)(B)(ii).

(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.

     (g) The standard of proof required to establish matters referred to in this section is by a preponderance of the evidence.

[Pre-2002 Recodification Citation: 32-2-7-18.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.16.

 

IC 32-18-2-19Statutes of limitation; extinguishment of claim for relief

     Sec. 19. A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless brought as follows:

(1) If brought under section 14(a)(1) of this chapter, an action is extinguished unless brought not later than the later of the following:

(A) Four (4) years after the transfer was made or the obligation was incurred.

(B) One (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant.

(2) If brought under section 14(a)(2) or 15 of this chapter, an action is extinguished unless it is brought not later than four (4) years after the transfer was made or the obligation was incurred.

[Pre-2002 Recodification Citation: 32-2-7-19.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.17.

 

IC 32-18-2-19.3Determination of debtor's location; governing law in claim for relief

     Sec. 19.3. (a) In this section, the following rules determine a debtor's location:

(1) A debtor who is an individual is located at the individual's principal residence.

(2) A debtor that is an organization and has only one (1) place of business is located at its place of business.

(3) A debtor that is an organization and has more than one (1) place of business is located at its chief executive office.

     (b) A claim for relief in the nature of a claim for relief under this chapter is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

As added by P.L.61-2017, SEC.18.

 

IC 32-18-2-19.5Series organizations; protected series; considered separate persons

     Sec. 19.5. (a) The following definitions apply throughout this section:

(1) "Protected series" means an arrangement, however denominated, created by a series organization that, under the law under which the series organization is organized, has the characteristics set forth in subdivision (2).

(2) "Series organization" means an organization that, under the law under which it is organized, has the following characteristics:

(A) The organic record of the organization provides for creation by the organization of one (1) or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.

(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.

(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.

     (b) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.

As added by P.L.61-2017, SEC.19.

 

IC 32-18-2-20Supplementary provisions

     Sec. 20. Unless superseded by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter.

[Pre-2002 Recodification Citation: 32-2-7-20.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-2-21Uniformity of application and construction

     Sec. 21. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

[Pre-2002 Recodification Citation: 32-2-7-21.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-2-22Relation to federal Electronic Signatures in Global and National Commerce Act

     Sec. 22. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. 7003(b).

As added by P.L.61-2017, SEC.20.

 

IC 32-18-2-23Relation to Uniform Voidable Transactions Act; citation; interpretation

     Sec. 23. This chapter:

(1) adopts, in part, provisions of the Uniform Voidable Transactions Act as released by the National Conference of Commissioners on Uniform State Laws; and

(2) may be cited as the Indiana Uniform Voidable Transactions Act.

However, in interpreting solely this chapter, comments released by a committee of the National Conference of Commissioners on Uniform State Laws shall not be considered as authority.

As added by P.L.61-2017, SEC.21.

 

IC 32-18-3Chapter 3. Resale of Insolvent Debtors' Real Estate
           32-18-3-1Sale of real estate by receiver, assignee, or trustee under IC 32-18-1; filing bond to secure sale
           32-18-3-2Resale of property; liability for amount above bid at previous sale

 

IC 32-18-3-1Sale of real estate by receiver, assignee, or trustee under IC 32-18-1; filing bond to secure sale

     Sec. 1. In a sale of real estate by:

(1) a receiver; or

(2) an assignee or trustee under IC 32-18-1;

a person may, before the confirmation of the sale by the proper court, file with the clerk of the court, or in open court, a bond in the sum sufficient to secure the sale. The surety for the bond must be approved by the clerk or the court.

[Pre-2002 Recodification Citation: 32-12-3-1 part.]

As added by P.L.2-2002, SEC.3.

 

IC 32-18-3-2Resale of property; liability for amount above bid at previous sale

     Sec. 2. If on resale of the real estate, or any part of the real estate, the real estate sells for ten percent (10%) more than the amount bid at the previous sale, the court may not confirm the sale but order the real estate resold. If on resale the additional sum is not realized, the person posting the bond is liable for the difference. It is the duty of the receiver, assignee, or trustee to institute and prosecute the suit, which is for the use and benefit of the trust.

[Pre-2002 Recodification Citation: 32-12-3-1 part.]

As added by P.L.2-2002, SEC.3.

 

IC 32-19ARTICLE 19. DESCRIBING REAL PROPERTY; INDIANA COORDINATE SYSTEM
           Ch. 1.Designation of Indiana Coordinate System; Zones
           Ch. 2.Coordinates; Geodetic Control Monuments
           Ch. 3.Descriptions of Land Using the Indiana Coordinate System
           Ch. 4.Repealed

 

IC 32-19-1Chapter 1. Designation of Indiana Coordinate System; Zones
           32-19-1-1Designation of systems
           32-19-1-2Division of Indiana into east and west zones; counties in each zone
           32-19-1-3Descriptions of systems; locating position of systems
           32-19-1-4Naming and designation of system in land descriptions
           32-19-1-5Tract located in both zones
           32-19-1-6Use of terms; limits on use of system

 

IC 32-19-1-1Designation of systems

     Sec. 1. The systems of plane coordinates that have been established by the National Ocean Survey/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the positions or locations of points on the surface of the earth within Indiana are known and designated as the "Indiana coordinate system of 1927" and the "Indiana coordinate system of 1983".

[Pre-2002 Recodification Citation: 32-1-1-1(a).]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-1-2Division of Indiana into east and west zones; counties in each zone

     Sec. 2. (a) For the purpose of the use of the systems described in section 1 of this chapter, Indiana is divided into an east zone and a west zone.

     (b) The area included in the following counties constitutes the east zone:

Adams

Allen

Bartholomew

Blackford

Brown

Cass

Clark

Dearborn

Decatur

DeKalb

Delaware

Elkhart

Fayette

Floyd

Franklin

Fulton

Grant

Hamilton

Hancock

Harrison

Henry

Howard

Huntington

Jackson

Jay

Jefferson

Jennings

Johnson

Kosciusko

LaGrange

Madison

Marion

Marshall

Miami

Noble

Ohio

Randolph

Ripley

Rush

St. Joseph

Scott

Shelby

Steuben

Switzerland

Tipton

Union

Wabash

Washington

Wayne

Wells

Whitley.

     (c) The area included in the following counties constitutes the west zone:

Benton

Boone

Carroll

Clay

Clinton

Crawford

Daviess

Dubois

Fountain

Gibson

Greene

Hendricks

Jasper

Knox

Lake

LaPorte

Lawrence

Martin

Monroe

Montgomery

Morgan

Newton

Orange

Owen

Parke

Perry

Pike

Porter

Posey

Pulaski

Putnam

Spencer

Starke

Sullivan

Tippecanoe

Vanderburgh

Vermillion

Vigo

Warren

Warrick

White.

[Pre-2002 Recodification Citations: 32-1-1-1(b); 32-1-1-1(c); 32-1-1-1(d).]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-1-3Descriptions of systems; locating position of systems

     Sec. 3. (a) To more precisely describe the Indiana coordinate system of 1927, the following descriptions by the National Ocean Survey/National Geodetic Survey are adopted:

(1) The "Indiana coordinate system of 1927, east zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 85 degrees 40 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 40 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(2) The "Indiana coordinate system of 1927, west zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 87 degrees 05 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 05 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

     (b) To more precisely describe the Indiana coordinate system of 1983, the following description by the National Ocean Survey/National Geodetic Survey is adopted:

(1) The "Indiana coordinate system of 1983, east zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 85 degrees 40 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 40 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 100,000 meters and y = 250,000 meters.

(2) The "Indiana coordinate system of 1983, west zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 87 degrees 05 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 05 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 900,000 meters and y = 250,000 meters.

     (c) To locate the position of the coordinate systems on the surface of the earth in Indiana, the following shall be used:

(1) The position of the Indiana coordinate system of 1927 shall be determined from horizontal geodetic control points established throughout Indiana in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce, whose geodetic positions have been rigidly adjusted on the North American Datum of 1927, and whose coordinates have been computed on the Indiana coordinate system of 1927. Standards and specifications of the FGCC (or its successors) in force on the date of the survey apply.

(2) The position of the Indiana coordinate system 1983 shall be determined from horizontal geodetic control points established throughout Indiana in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce, whose geodetic positions have been rigidly adjusted on the North American Datum of 1983, and whose coordinates have been computed on the Indiana coordinate system of 1983. Standards and specifications of the FGCC (or its successors) in force on the date of the survey apply.

[Pre-2002 Recodification Citation: 32-1-1-5.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-1-4Naming and designation of system in land descriptions

     Sec. 4. (a) As established for use in the east zone, the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983:

(1) shall be named; and

(2) in any land description in which it is used, shall be designated the:

(A) "Indiana coordinate system of 1927, east zone"; or

(B) "Indiana coordinate system of 1983, east zone".

     (b) As established for use in the west zone, the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983:

(1) shall be named; and

(2) in any land description in which it is used. shall be designated, the:

(A) "Indiana coordinate system of 1927, west zone"; or

(B) "Indiana coordinate system of 1983, west zone".

[Pre-2002 Recodification Citation: 32-1-1-2.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-1-5Tract located in both zones

     Sec. 5. If a tract of land to be defined by a single description extends from one (1) into the other of the east zone or the west zone:

(1) the positions of all points on the boundaries of the tract may be referred to as either the east zone or the west zone; and

(2) the zone that is used must be specifically named in the description.

[Pre-2002 Recodification Citation: 32-1-1-4.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-1-6Use of terms; limits on use of system

     Sec. 6. (a) The use of the term "Indiana coordinate system of 1927" or "Indiana coordinate system of 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Indiana coordinate system described in this chapter.

     (b) Beginning January 1, 1990, the Indiana coordinate system of 1927 may not be used, and only the Indiana coordinate system of 1983 may be used.

[Pre-2002 Recodification Citation: 32-1-1-7.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-2Chapter 2. Coordinates; Geodetic Control Monuments
           32-19-2-1Positions expressed by x-coordinate and y-coordinate
           32-19-2-2Coordinates; reporting requirements

 

IC 32-19-2-1Positions expressed by x-coordinate and y-coordinate

     Sec. 1. (a) The plane coordinates of a point on the earth's surface, used to express the position or location of that point in the appropriate zone of the Indiana coordinate system described in IC 32-19-1, must consist of two (2) distances expressed in:

(1) U.S. Survey feet (1 meter = 39.37/12 feet) and decimals of a foot when using the Indiana coordinate system of 1927; and

(2) meters and decimals of a meter and United States Survey feet and decimals of a foot when using the Indiana coordinate system of 1983.

     (b) The distance described in subsection (a) that gives the position in an east-and-west direction is called the "x-coordinate". The distance described in subsection (a) that gives the position in a north-and-south direction is called the "y-coordinate". These coordinates must be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey or its successors, if the successor's plane coordinates have been computed on the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983. Any station may be used for establishing a survey connection to the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983.

[Pre-2002 Recodification Citation: 32-1-1-3.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-2-2Coordinates; reporting requirements

     Sec. 2. (a) Coordinates based on the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983 purporting to define the position of a point on a land boundary may not be presented to be recorded in any public land records or deed records unless the recording document also contains:

(1) a description of the nearest first-order or second-order horizontal geodetic control monument from which the coordinates being recorded were determined; and

(2) the method of survey for the determination.

     (b) If the position of the described first-order or second-order geodetic control monument is not published by the National Geodetic Survey (or its successors), the recording document must contain a certification signed by a professional surveyor registered under IC 25-21.5 stating that the subject control monument and its coordinates were established and determined in conformance with the specifications given in IC 32-19-1-3.

     (c) The publishing of the existing control stations or the acceptance with intent to publish the newly established control stations by the National Geodetic Survey constitutes evidence of adherence to the FGCC specifications. Horizontal geodetic control monuments shall be permanently monumented and control data sheets prepared and filed so that a densification of the control network is accomplished.

     (d) The surveying techniques and positioning systems used to produce first-order or second-order geodetic precision shall be identified. Annotation must accompany state plane coordinate values when they are used to less than second-order precision.

[Pre-2002 Recodification Citation: 32-1-1-6.]

As added by P.L.2-2002, SEC.4. Amended by P.L.57-2013, SEC.87.

 

IC 32-19-3Chapter 3. Descriptions of Land Using the Indiana Coordinate System
           32-19-3-1Reference to United States public land surveys; coordinate description as supplemental; conflicts
           32-19-3-2Description depending exclusively on coordinate system

 

IC 32-19-3-1Reference to United States public land surveys; coordinate description as supplemental; conflicts

     Sec. 1. If coordinates based on the Indiana coordinate system are used to describe any tract of land, which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys:

(1) the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record; and

(2) in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates.

[Pre-2002 Recodification Citation: 32-1-1-8.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-3-2Description depending exclusively on coordinate system

     Sec. 2. This article does not require a purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Indiana coordinate system.

[Pre-2002 Recodification Citation: 32-1-1-9.]

As added by P.L.2-2002, SEC.4.

 

IC 32-19-4Chapter 4. Repealed

[Pre-2002 Recodification Citations:

32-19-4-1              formerly 32-1-1-10(a); 32-1-1-10(b)

32-19-4-2              formerly 32-1-1-10(c)

32-19-4-3              formerly 32-1-1-10(d); 32-1-1-10(e)

32-19-4-4              formerly 32-1-1-10(f).]

Repealed by P.L.2-2007, SEC.390.

 

IC 32-20ARTICLE 20. MARKETABLE TITLE FOR REAL PROPERTY
           Ch. 1.Purpose and Application
           Ch. 2.Definitions
           Ch. 3.Interests in Title
           Ch. 4.Notice of Claim
           Ch. 5.Slander of Title

 

IC 32-20-1Chapter 1. Purpose and Application
           32-20-1-1Construction of law
           32-20-1-2Limitation of actions; recording instruments

 

IC 32-20-1-1Construction of law

     Sec. 1. (a) This article shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in IC 32-20-3-1, subject only to the limitations that are described in IC 32-20-3-2.

     (b) However, this article does not change the law affecting the capacity to own land of a person claiming a marketable record title under this article.

[Pre-2002 Recodification Citation: 32-1-5-10.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-1-2Limitation of actions; recording instruments

     Sec. 2. This article may not be construed to do the following:

(1) Extend the period to bring an action or to do any other required act under any statutes of limitations.

(2) Except as specifically provided in this article, affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.

[Pre-2002 Recodification Citation: 32-1-5-7.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2Chapter 2. Definitions
           32-20-2-1Application
           32-20-2-2"Marketable record title" defined
           32-20-2-3"Muniments" defined
           32-20-2-4"Person dealing with land" defined
           32-20-2-5"Records" defined
           32-20-2-6"Root of title" defined
           32-20-2-7"Title transaction" defined

 

IC 32-20-2-1Application

     Sec. 1. The definitions in this chapter apply throughout this article.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-2"Marketable record title" defined

     Sec. 2. "Marketable record title" means a title of record, as described in IC 32-20-3-1, that operates to extinguish interests and claims existing before the effective date of the root of title, as provided in IC 32-20-3-3.

[Pre-2002 Recodification Citation: 32-1-5-8(a).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-3"Muniments" defined

     Sec. 3. "Muniments" means the records of title transactions in the chain of title of a person that:

(1) purport to create the interest in land claimed by the person; and

(2) upon which the person relies as a basis for the marketability of the person's title;

commencing with the root of title and including all subsequent transactions.

[Pre-2002 Recodification Citation: 32-1-5-8(b).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-4"Person dealing with land" defined

     Sec. 4. "Person dealing with land" includes:

(1) a purchaser of an estate or interest in an estate;

(2) a mortgagee;

(3) a levying or attaching creditor;

(4) a land contract vendee; or

(5) a person seeking to:

(A) acquire an estate or interest in an estate; or

(B) impose a lien on an estate.

[Pre-2002 Recodification Citation: 32-1-5-8(d).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-5"Records" defined

     Sec. 5. "Records" includes all official public records that affect title to land.

[Pre-2002 Recodification Citation: 32-1-5-8(c).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-6"Root of title" defined

     Sec. 6. "Root of title" means that title transaction in the chain of title of a person:

(1) that purports to create the interest claimed by the person;

(2) upon which the person relies as a basis for the marketability of the person's title; and

(3) that is the most recent to be recorded as of a date at least fifty (50) years before the time when marketability is being determined.

The effective date of the root of title is the date on which it is recorded.

[Pre-2002 Recodification Citation: 32-1-5-8(e).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-2-7"Title transaction" defined

     Sec. 7. "Title transaction" means any transaction affecting title to any interest in land, including the following:

(1) Title by will or descent.

(2) Title by tax deed.

(3) Title by trustee's, referee's, guardian's, executor's, administrator's, commissioner's, or sheriff's deed.

(4) Title by decree of a court.

(5) Title by warranty deed, quitclaim deed, or mortgage.

[Pre-2002 Recodification Citation: 32-1-5-8(f).]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-3Chapter 3. Interests in Title
           32-20-3-0.1Application of certain amendments to chapter
           32-20-3-1Unbroken chain of title; definition
           32-20-3-2Interests and defects affecting marketable record title
           32-20-3-3Transactions before root of title

 

IC 32-20-3-0.1Application of certain amendments to chapter

     Sec. 0.1. The amendments made to section 2 of this chapter by P.L.18-2008 apply only to determinations of marketable record title after June 30, 2008.

As added by P.L.220-2011, SEC.521.

 

IC 32-20-3-1Unbroken chain of title; definition

     Sec. 1. A person who has an unbroken chain of title of record to an interest in land for at least fifty (50) years has a marketable record title to that interest, subject to section 2 of this chapter. A person is considered to have this unbroken chain of title when:

(1) the official public records disclose a title transaction of record that occurred at least fifty (50) years before the time the marketability is determined; and

(2) the title transaction purports to create an interest in:

(A) the person claiming the interest; or

(B) a person from whom, by one (1) or more title transactions of record, the purported interest has become vested in the person claiming the interest;

with nothing appearing of record purporting to divest the claimant of the purported interest.

[Pre-2002 Recodification Citation: 32-1-5-1.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-3-2Interests and defects affecting marketable record title

     Sec. 2. Marketable record title is subject to the following:

(1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to:

(A) easements;

(B) use restrictions; or

(C) other interests created before the root of title;

is not sufficient to preserve them, unless specific identification is made in the muniments of a recorded title transaction that creates the easement, use restriction, or other interest.

(2) All interests preserved by:

(A) the filing of proper notice; or

(B) possession by the same owner continuously for at least fifty (50) years, in accordance with IC 32-20-4-1.

(3) The rights of any person arising from adverse possession or adverse user, if the period of adverse possession or adverse user was wholly or partly subsequent to the effective date of the root of title.

(4) Any interest arising out of a title transaction recorded after the effective date of the root of title from which the unbroken chain of title of record is started. However, the recording shall not revive or give validity to any interest that has been extinguished before the time of the recording by the operation of section 3 of this chapter.

(5) The exceptions stated in IC 32-20-4-3 concerning:

(A) rights of reversioners in leases;

(B) rights of any lessee in and to any lease; and

(C) easements and interests in the nature of easements.

(6) All interests of the department of environmental management arising from the recording of a restrictive covenant under IC 13, regardless of whether the recording occurred before July 1, 2008.

[Pre-2002 Recodification Citation: 32-1-5-2.]

As added by P.L.2-2002, SEC.5. Amended by P.L.18-2008, SEC.2; P.L.220-2011, SEC.522.

 

IC 32-20-3-3Transactions before root of title

     Sec. 3. Subject to section 2 of this chapter, marketable record title is held by its owner and is taken by a person dealing with the land free and clear of all interests, claims, or charges whose existence depends upon any act, transaction, event, or omission that occurred before the effective date of the root of title. All the interests, claims, or charges, however denominated, whether:

(1) legal or equitable;

(2) present or future; or

(3) asserted by a person who is:

(A) sui juris or under a disability;

(B) within or outside Indiana;

(C) natural or corporate; or

(D) private or governmental;

are void.

[Pre-2002 Recodification Citation: 32-1-5-3.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-4Chapter 4. Notice of Claim
           32-20-4-1Notice of claim; filing
           32-20-4-2Notice of claim; contents; indexing by county recorder
           32-20-4-3Notice of claim; effect of failure to file on lease or easement

 

IC 32-20-4-1Notice of claim; filing

     Sec. 1. (a) A person claiming an interest in land may preserve and keep effective that interest by filing for record during the fifty (50) year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, verified by oath, setting forth the nature of the claim. A disability or lack of knowledge of any kind on the part of anyone does not suspend the running of the fifty (50) year period. Notice may be filed for record by the claimant or by a person acting on behalf of any claimant who is:

(1) under a disability;

(2) unable to assert a claim on the claimant's behalf; or

(3) one (1) of a class whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.

     (b) If the same record owner of any possessory interest in land has been in possession of the land continuously for a period of at least fifty (50) years, during which period:

(1) title transaction with respect to the interest does not appear of record in the record owner's chain of title;

(2) notice has not been filed by the record owner or on behalf of the record owner as provided in subsection (a); and

(3) possession continues to the time when marketability is being determined;

the period of possession is considered equivalent to the filing of the notice immediately preceding the termination of the fifty (50) year period described in subsection (a).

     (c) If:

(1) a person claims the benefit of an equitable restriction or servitude that is one (1) of a number of substantially identical mutual restrictions on the use of tracts in a platted subdivision, the plat of which is recorded as provided by law; and

(2) the subdivision plan provides for an association, corporation, committee, or other similar group that is empowered to determine whether the restrictions are to be terminated or continued at the expiration of a stated period not exceeding fifty (50) years, and, by the terms of this provision, it is determined that:

(A) the restrictions are not to be terminated; or

(B) the restrictions are to be continued because no determination to terminate has been made;

then the officer or other person authorized to represent the association, corporation, committee, or other similar group may preserve and keep in effect all the restrictions by filing a notice as provided in subsection (a) on behalf of all owners of land in the subdivision for the benefit of whom the restrictions exist.

[Pre-2002 Recodification Citation: 32-1-5-4.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-4-2Notice of claim; contents; indexing by county recorder

     Sec. 2. (a) To be effective and to be entitled to be recorded, the notice referred to in section 1 of this chapter must contain the following:

(1) An accurate and full description of all land affected by the notice in specific terms. However, if the claim is founded upon a recorded instrument, then the description in the notice may be the same as that contained in the recorded instrument.

(2) The name and address of the claimant.

(3) The name and address of the person preparing the notice if other than the claimant.

This notice must be filed for record in the office of the recorder of a county where the land described is situated.

     (b) A county recorder shall accept all notices presented to the recorder that describe land located in the county that the recorder serves. The recorder shall enter and record full copies of the notice in the same way that deeds are recorded. Each recorder shall charge the same fees for recording a notice as are charged for recording deeds.

     (c) Each recorder shall index the notices in the same manner that deeds are indexed. Until the notice is recorded and correctly indexed, a notice does not comply with section 1 of this chapter regarding notice.

[Pre-2002 Recodification Citation: 32-1-5-5.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-4-3Notice of claim; effect of failure to file on lease or easement

     Sec. 3. (a) Failure to file the notice required under this chapter does not bar:

(1) a lessor or the lessor's successor as a reversioner of the lessor's right to possession on the expiration of any lease; or

(2) a lessee or the lessee's successor of the lessee's rights in and to any lease.

     (b) Failure to file the notice required under this chapter does not bar or extinguish any easement, interest in the nature of an easement, or any rights appurtenant to an easement granted, excepted, or reserved by the instrument creating the easement or interest, including any rights for future use, if the existence of the easement or interest is evidenced by the location beneath, upon, or above any part of the land described in the instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, or other physical facility and whether or not the existence of the facility is observable. However, equitable restrictions or servitudes on the use of land are not considered easements or interests in the nature of easements as that phrase is used in this section.

[Pre-2002 Recodification Citation: 32-1-5-6.]

As added by P.L.2-2002, SEC.5.

 

IC 32-20-5Chapter 5. Slander of Title
           32-20-5-1Filing notices to slander title prohibited
           32-20-5-2Filing claim to slander title; claimant's liability for costs and damages

 

IC 32-20-5-1Filing notices to slander title prohibited

     Sec. 1. A person may not use the privilege of:

(1) filing notices under this article; or

(2) using the procedures under IC 32-28-13 concerning common law liens;

to slander the title to land.

[Pre-2002 Recodification Citation: 32-1-5-9 part.]

As added by P.L.2-2002, SEC.5. Amended by P.L.191-2015, SEC.1.

 

IC 32-20-5-2Filing claim to slander title; claimant's liability for costs and damages

     Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall:

(1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and

(2) decree that the defendant asserting the claim shall pay to the plaintiff all damages that the plaintiff may have sustained as the result of the notice of claims having been filed for record.

[Pre-2002 Recodification Citation: 32-1-5-9 part.]

As added by P.L.2-2002, SEC.5.

 

IC 32-21ARTICLE 21. CONVEYANCE PROCEDURES FOR REAL PROPERTY
           Ch. 1.Statute of Frauds; Writing Requirements
           Ch. 2.Recording Process
           Ch. 2.5.Uniform Real Property Electronic Recording Act
           Ch. 3.Effect of Recording
           Ch. 4.Priority of Recorded Transactions
           Ch. 5.Residential Real Estate Sales Disclosure
           Ch. 6.Psychologically Affected Properties
           Ch. 7.Adverse Possession
           Ch. 8.Tax Sale Surplus Disclosure
           Ch. 9.Written Instruments by Members of the Armed Forces
           Ch. 10.Conveyances in Which the Grantor and Another Are Named as Grantees
           Ch. 11.Repealed
           Ch. 12.Deed Restrictions Regarding Industrialized Residential Structures
           Ch. 13.Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules
           Ch. 14.Transfer Fee Covenants

 

IC 32-21-1Chapter 1. Statute of Frauds; Writing Requirements
           32-21-1-1Requirement of written agreement; agreements or promises covered
           32-21-1-2Consideration for agreement; writing not required
           32-21-1-3Conveyance; trust in lands; goods; things in action
           32-21-1-4Trust arising from or extinguished by implication of law
           32-21-1-5Compelling specific performance in cases of part performance
           32-21-1-6Representations concerning other persons
           32-21-1-7Conveyance revocable at will of grantor; provision void as to subsequent purchaser
           32-21-1-8Revocation and reconveyance power; person other than grantor
           32-21-1-9Conveyance before vesting of power of revocation
           32-21-1-10Commission for finding purchaser of real estate
           32-21-1-11Instruments executed in foreign country; acknowledgment before diplomatic or consular officer
           32-21-1-12Validation of conveyance or acknowledgment; seal or ink scroll not required
           32-21-1-13Conveyance of land; written deed required
           32-21-1-14Conveyances by attorney; power of attorney
           32-21-1-15Conveyances by quitclaim
           32-21-1-16Estate of inheritance; expression of intent required to create lesser estate
           32-21-1-17Incorporating by reference recorded encumberances

 

IC 32-21-1-1Requirement of written agreement; agreements or promises covered

     Sec. 1. (a) This section does not apply to a lease for a term of not more than three (3) years.

     (b) A person may not bring any of the following actions unless the promise, contract, or agreement on which the action is based, or a memorandum or note describing the promise, contract, or agreement on which the action is based, is in writing and signed by the party against whom the action is brought or by the party's authorized agent:

(1) An action charging an executor or administrator, upon any special promise, to answer damages out of the executor's or administrator's own estate.

(2) An action charging any person, upon any special promise, to answer for the debt, default, or miscarriage of another.

(3) An action charging any person upon any agreement or promise made in consideration of marriage.

(4) An action involving any contract for the sale of land.

(5) An action involving any agreement that is not to be performed within one (1) year from the making of the agreement.

(6) An action involving an agreement, promise, contract, or warranty of cure concerning medical care or treatment. However, this subdivision does not affect the right to sue for malpractice or negligence.

[Pre-2002 Recodification Citation: 32-2-1-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-2Consideration for agreement; writing not required

     Sec. 2. The consideration that is the basis of a promise, contract, or agreement described in section 1 of this chapter does not need to be in writing but may be proved.

[Pre-2002 Recodification Citation: 32-2-1-2.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-3Conveyance; trust in lands; goods; things in action

     Sec. 3. A conveyance of an existing trust in land, goods, or things in action is void unless the conveyance is in writing and signed by the party making the conveyance or by the party's lawful agent.

[Pre-2002 Recodification Citation: 32-2-1-3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-4Trust arising from or extinguished by implication of law

     Sec. 4. Nothing contained in any Indiana law may be construed to prevent any trust from arising or being extinguished by implication of law.

[Pre-2002 Recodification Citation: 32-2-1-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-5Compelling specific performance in cases of part performance

     Sec. 5. Nothing contained in any Indiana statute may be construed to abridge the powers of courts to compel the specific performance of agreements in cases of part performance of the agreements.

[Pre-2002 Recodification Citation: 32-2-1-5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-6Representations concerning other persons

     Sec. 6. An action may not be brought against a person for a representation made by the person concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless the representation is in writing and signed by the person or by the person's lawful agent.

[Pre-2002 Recodification Citation: 32-2-1-6.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-7Conveyance revocable at will of grantor; provision void as to subsequent purchaser

     Sec. 7. If a conveyance of or charge upon an estate contains a provision for revocation at the will of the grantor, the provision is void as to subsequent purchasers from the grantor, for a valuable consideration, of the estate or interest subject to the provision, even though the provision is not expressly revoked.

[Pre-2002 Recodification Citation: 32-2-1-11.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-8Revocation and reconveyance power; person other than grantor

     Sec. 8. If the power to revoke a conveyance of any interest in land, and to reconvey the interest, is given to any person other than the grantor in the conveyance, and the person given the power conveys the interest to a purchaser for a valuable consideration, the subsequent conveyance is valid.

[Pre-2002 Recodification Citation: 32-2-1-12.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-9Conveyance before vesting of power of revocation

     Sec. 9. If a conveyance to a purchaser under either section 7 or 8 of this chapter is made before the person making the conveyance is entitled to execute the person's power of revocation, the conveyance is valid from the time the power of revocation vests in the person.

[Pre-2002 Recodification Citation: 32-2-1-13.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-10Commission for finding purchaser of real estate

     Sec. 10. A contract for the payment of any sum of money or thing of value, as a commission or reward for the finding or procuring by one (1) person of a purchaser for the real estate of another, is not valid unless the contract is in writing and signed by the owner of the real estate or the owner's legally appointed and duly qualified representative. For purposes of this section, any general reference to the real estate that is sufficient to identify the real estate is a sufficient description of the real estate.

[Pre-2002 Recodification Citation: 32-2-2-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-11Instruments executed in foreign country; acknowledgment before diplomatic or consular officer

     Sec. 11. If executed in a foreign country, conveyances, mortgages, and other instruments in writing that would be admitted to record under the recording laws of this state must be acknowledged by the grantor or person executing the instrument and proved before any diplomatic or consular officer of the United States, duly accredited, or before any officer of the foreign country who, by the laws of that country, is authorized to take acknowledgments or proof of conveyances. If the acknowledgment or proof is in the English language and attested by the official seal of the officer acknowledging it, the instrument may be admitted to record. However, if the acknowledgment or proof is in a language other than English or is not attested by an official seal, then the instrument must be accompanied by a certificate of a diplomatic or consular officer of the United States attesting:

(1) that the instrument is duly executed according to the laws of the foreign country;

(2) that the officer certifying the acknowledgment or proof had legal authority to do so; and

(3) to the meaning of the instrument, if the instrument is made in a foreign language.

[Pre-2002 Recodification Citation: 32-2-4-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-12Validation of conveyance or acknowledgment; seal or ink scroll not required

     Sec. 12. It is not necessary to affix a private seal or ink scroll necessary to validate a conveyance of land or an interest in land executed by a natural person, business trust, or corporation. It is not necessary for the officer taking the acknowledgment of the conveyance to use an ink scroll or seal unless the officer is required by law to keep an official seal.

[Pre-2002 Recodification Citation: 32-2-5-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-13Conveyance of land; written deed required

     Sec. 13. Except for a bona fide lease for a term not exceeding three (3) years, a conveyance of land or of any interest in land shall be made by a deed that is:

(1) written; and

(2) subscribed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1) or by the grantor's attorney.

[Pre-2002 Recodification Citation: 32-1-2-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-14Conveyances by attorney; power of attorney

     Sec. 14. A conveyance of land by attorney is not good unless the attorney is empowered by a written instrument that is subscribed, sealed, and acknowledged by the attorney's principal in the same manner that is required for a conveyance by the attorney's principal.

[Pre-2002 Recodification Citation: 32-1-2-5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-15Conveyances by quitclaim

     Sec. 15. A conveyance of land that is:

(1) worded in substance as "A.B. quitclaims to C.D." (here describe the premises) "for the sum of" (here insert the consideration); and

(2) signed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1);

is a good and sufficient conveyance in quitclaim to the grantee and the grantee's heirs and assigns.

[Pre-2002 Recodification Citation: 32-1-2-13.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-16Estate of inheritance; expression of intent required to create lesser estate

     Sec. 16. It is not necessary to use the words "heirs and assigns of the grantee" to create in the grantee an estate of inheritance. If it is the intention of the grantor (as defined in IC 32-17-1-1) to convey any lesser estate, the grantor shall express that intention in the deed.

[Pre-2002 Recodification Citation: 32-1-2-14.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-1-17Incorporating by reference recorded encumberances

     Sec. 17. A conveyance of land may incorporate by reference a recorded covenant, restriction, easement, or other encumbrance on the use of the land with a clause that is substantially similar to either of the following:

(1) "Subject to the __________ (insert the type of encumbrance) recorded on _____ (insert the date of recording) in ___________ (insert the book and page number on which the encumbrance is recorded or the instrument number in which the encumbrance is recorded).".

(2) "Subject to ___________ (insert the type of encumbrance) of record.".

As added by P.L.171-2006, SEC.6.

 

IC 32-21-2Chapter 2. Recording Process
           32-21-2-1"Grantor" defined
           32-21-2-1.2"Homeowners association"
           32-21-2-2"Tract" defined
           32-21-2-3Recording requirements; acknowledgment and proof; address of grantee
           32-21-2-3.5Homeowners association covenants
           32-21-2-4Acknowledgment in another county
           32-21-2-5Acknowledgment in another state
           32-21-2-6Proving deeds
           32-21-2-7Acknowledgment of deed or mortgage; form
           32-21-2-8Duty of officer to explain deed to grantor
           32-21-2-9Certificate of acknowledgment; attaching to instrument; contents
           32-21-2-10Index of recorded instruments, required information; time instrument considered recorded
           32-21-2-11Certificate of acknowledgment; recording with deed or instrument
           32-21-2-12Certificate of acknowledgment or record; conclusiveness
           32-21-2-13Conveyances dividing single property tax tracts into multiple parcels; requirements for recording
           32-21-2-14Conveyance of tax sale property during redemption period
           32-21-2-15Recording of document concerning real property, electronic recording

 

IC 32-21-2-1"Grantor" defined

     Sec. 1. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-1.2"Homeowners association"

     Sec. 1.2. As used in this chapter, "homeowners association" means a corporation or another entity that:

(1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple;

(2) acts, in accordance with bylaws governing the corporation or entity, to:

(A) acquire, transfer, manage, repair, maintain, or engage in construction on or in the land and improvements on the land related to the use of the dwellings owned by the members of the corporation or entity;

(B) purchase insurance to cover a casualty or an activity on or in the land and improvements on the land;

(C) engage in an activity incidental to an activity described in clause (A) or (B); or

(D) engage in more than one (1) of the activities described in clauses (A) through (C); and

(3) may be governed by a board that serves the purpose of setting policy and controlling or otherwise overseeing the activities or functional responsibilities of the corporation or entity.

As added by P.L.43-2013, SEC.1.

 

IC 32-21-2-2"Tract" defined

     Sec. 2. As used in this chapter, "tract" means an area of land that is:

(1) under common fee simple ownership;

(2) contained within a continuous border; and

(3) a separately identified parcel for property tax purposes.

[Pre-2002 Recodification Citation: 32-1-2-37(a).]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-3Recording requirements; acknowledgment and proof; address of grantee

     Sec. 3. (a) For a conveyance, a mortgage, or an instrument of writing to be recorded, it must be:

(1) acknowledged by the grantor; or

(2) proved before a:

(A) judge;

(B) clerk of a court of record;

(C) county auditor;

(D) county recorder;

(E) notary public;

(F) mayor of a city in Indiana or any other state;

(G) commissioner appointed in a state other than Indiana by the governor of Indiana;

(H) minister, charge d'affaires, or consul of the United States in any foreign country;

(I) clerk of the city county council for a consolidated city, city clerk for a second class city, or clerk-treasurer for a third class city;

(J) clerk-treasurer for a town; or

(K) person authorized under IC 2-3-4-1.

     (b) In addition to the requirements under subsection (a), a conveyance may not be recorded after June 30, 2007, unless it meets the requirements of this subsection. The conveyance must include the mailing address to which statements should be mailed under IC 6-1.1-22-8.1. If the mailing address for statements under IC 6-1.1-22-8.1 is not a street address or a rural route address of the grantee, the conveyance must also include a street address or rural route address of the grantee after the mailing address for statements mailed under IC 6-1.1-22-8.1. A conveyance complies with this subsection if it contains the address or addresses required by this subsection at the end of the conveyance and immediately preceding or following the statements required by IC 36-2-11-15.

[Pre-2002 Recodification Citation: 32-1-2-18.]

As added by P.L.2-2002, SEC.6. Amended by P.L.135-2007, SEC.1; P.L.194-2007, SEC.7; P.L.143-2009, SEC.42.

 

IC 32-21-2-3.5Homeowners association covenants

     Sec. 3.5. (a) This section applies only to land developments that include:

(1) at least two hundred fifty (250) single family homes; and

(2) at least two (2) different sections of lots:

(A) whose titles have all been conveyed from the land developer;

(B) whose first plat and covenants have been recorded in the office of the county recorder for at least fifteen (15) years;

(C) that are all governed by one (1) homeowners association; and

(D) that are not all subject to the same homeowners association covenants.

     (b) Except as provided in subsection (c), if the lots included as part of one (1) homeowners association are not all subject to the same homeowners association covenants, new replacement covenants may be recorded by the homeowners association using one (1) of the following methods:

(1) The homeowners association covenants may be recorded in accordance with section 3 of this chapter.

(2) Notwithstanding any covenant provisions or bylaws of the homeowners association concerning amendments or revisions to homeowners association covenants, the homeowners association may:

(A) distribute to the owner of each lot included as part of the homeowners association:

(i) a proposed set of homeowners association covenants that would apply to all lots included as part of the homeowners association; and

(ii) a petition to be signed by each lot owner on which the owner indicates whether the owner approves or disapproves of applying the proposed covenants to all lots included as part of the homeowners association; and

(B) submit the petitions and covenants to the county recorder if:

(i) the lesser of a percentage of lot owners specified in the covenants or two-thirds (2/3) of all lot owners approve of applying the covenants to all lots included as part of the homeowners association, as indicated by the petitions signed by the lot owners; and

(ii) notwithstanding section 3 of this chapter, the signature of each lot owner has been affirmed before a notary public or an officer of the homeowners association submits an affidavit with the covenants and the petitions that verifies and certifies the signatures on the petitions.

Homeowners association covenants submitted to a county recorder in accordance with this subdivision are considered to be in effect on the date the covenants are recorded.

     (c) A new replacement covenant described in subsection (b) does not apply to and is not binding on property in one (1) section of lots to the extent that the new replacement covenant:

(1) changes an existing covenant that pertains to minimum lot area or minimum home size; or

(2) adds a new covenant that pertains to minimum lot area or minimum home size.

     (d) A new replacement covenant described in subsection (b) applies only prospectively, beginning on the date the covenant is recorded. The adoption of a new replacement covenant does not require a person to alter the person's home or lot to comply with the new replacement covenant if the condition of the person's home or lot was permissible or authorized under the previous covenant.

As added by P.L.43-2013, SEC.2. Amended by P.L.122-2014, SEC.1.

 

IC 32-21-2-4Acknowledgment in another county

     Sec. 4. (a) This section applies when a conveyance, mortgage, or other instrument that is required to be recorded is acknowledged in any county in Indiana other than the county in which the instrument is required to be recorded.

     (b) The acknowledgment must be:

(1) certified by the clerk of the circuit court of the county in which the officer resides; and

(2) attested by the seal of that court.

However, an acknowledgment before an officer having an official seal, if the acknowledgment is attested by that official seal, is sufficient without a certificate.

[Pre-2002 Recodification Citation: 32-1-2-19.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-5Acknowledgment in another state

     Sec. 5. To record in Indiana a conveyance that is acknowledged outside Indiana but within the United States, the conveyance must be:

(1) certified by the clerk of any court of record of the county in which the officer receiving the acknowledgment resides; and

(2) attested by the seal of that court.

However, an acknowledgment before an officer having an official seal that is attested by the officer's official seal is sufficient without a certificate.

[Pre-2002 Recodification Citation: 32-1-2-20.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-6Proving deeds

     Sec. 6. A deed may be proved according to the rules of common law before any officer who is authorized to take acknowledgments. A deed that is proved in the manner provided in this section is entitled to be recorded.

[Pre-2002 Recodification Citation: 32-1-2-21.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-7Acknowledgment of deed or mortgage; form

     Sec. 7. The following or any other form substantially the same is a good or sufficient form of acknowledgment of a deed or mortgage:

"Before me, E.F. (judge or justice, as the case may be) this _____ day of _______, A.B. acknowledged the execution of the annexed deed, (or mortgage, as the case may be.)"

[Pre-2002 Recodification Citation: 32-1-2-23.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-8Duty of officer to explain deed to grantor

     Sec. 8. (a) If before a public officer authorized to receive acknowledgment of deeds:

(1) the grantor of a deed intends to sign the deed with the grantor's mark; and

(2) in all other cases when the public officer has good cause to believe that the contents and purport of the deed are not fully known to the grantor;

it is the duty of the public officer before signature to fully explain to the grantor the contents and purport of the deed.

     (b) The failure of the public officer to comply with subsection (a) does not affect the validity of a deed.

[Pre-2002 Recodification Citation: 32-1-2-24.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-9Certificate of acknowledgment; attaching to instrument; contents

     Sec. 9. A certificate of the acknowledgment of a conveyance or other instrument in writing that is required to be recorded, signed, and sealed by the officer taking the acknowledgment shall be written on or attached to the deed. When by law the certificate of the clerk of the proper county is required to accompany the acknowledgment, the certificate shall state that:

(1) the officer before whom the acknowledgment was taken was, at the time of the acknowledgment, acting lawfully; and

(2) the clerk's signature to the certificate of acknowledgment is genuine.

[Pre-2002 Recodification Citation: 32-1-2-26.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-10Index of recorded instruments, required information; time instrument considered recorded

     Sec. 10. (a) A recorder of deeds and other instruments shall keep a book or electronic index that includes:

(1) the names of grantor and grantee;

(2) the date and time of the recording;

(3) the location of the recording; and

(4) a legal description, if required.

     (b) A deed or instrument shall be considered recorded at the time the date of reception is stamped on the document by the recorder.

[Pre-2002 Recodification Citation: 32-1-2-27.]

As added by P.L.2-2002, SEC.6. Amended by P.L.127-2017, SEC.6.

 

IC 32-21-2-11Certificate of acknowledgment; recording with deed or instrument

     Sec. 11. (a) This section applies to a conveyance or other instrument entitled by law to be recorded.

     (b) The recorder of the county in which the land included in a conveyance or other instrument is situated shall record the deed or other instrument together with the requisite certificate of acknowledgment or proof endorsed on the deed or other instrument or annexed to the deed or other instrument.

     (c) Unless a certificate of acknowledgment is recorded with a deed, the record of the conveyance or other instrument or a transcript may not be read or received in evidence.

[Pre-2002 Recodification Citation: 32-1-2-28.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-12Certificate of acknowledgment or record; conclusiveness

     Sec. 12. The:

(1) certificate of the acknowledgment of a conveyance or instrument of writing;

(2) the record; or

(3) the transcript of the record;

is not conclusive and may be rebutted and the force and effect of it contested by a party affected by the conveyance or instrument.

[Pre-2002 Recodification Citation: 32-1-2-29.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-2-13Conveyances dividing single property tax tracts into multiple parcels; requirements for recording

     Sec. 13. (a) Except as provided in subsection (c), if the auditor of the county or the township assessor (if any) under IC 6-1.1-5-9 and IC 6-1.1-5-9.1 determines it necessary, an instrument transferring fee simple title to less than the whole of a tract that will result in the division of the tract into at least two (2) parcels for property tax purposes may not be recorded unless the auditor or township assessor is furnished a drawing or other reliable evidence of the following:

(1) The number of acres in each new tax parcel being created.

(2) The existence or absence of improvements on each new tax parcel being created.

(3) The location within the original tract of each new tax parcel being created.

     (b) Any instrument that is accepted for recording and placed of record that bears the endorsement required by IC 36-2-11-14 is presumed to comply with this section.

     (c) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.

[Pre-2002 Recodification Citation: 32-1-2-37(b).]

As added by P.L.2-2002, SEC.6. Amended by P.L.219-2007, SEC.100; P.L.146-2008, SEC.673.

 

IC 32-21-2-14Conveyance of tax sale property during redemption period

     Sec. 14. A county recorder may not record a document of conveyance to which IC 32-21-8-7 applies unless the document of conveyance has been endorsed by the auditor of the proper county under IC 36-2-11-14.

As added by P.L.187-2016, SEC.13.

 

IC 32-21-2-15Recording of document concerning real property, electronic recording

     Sec. 15. Beginning January 1, 2018, a document concerning real property that may be recorded with a county recorder under this title may be recorded electronically as provided under IC 32-21-2.5.

As added by P.L.127-2017, SEC.7.

 

IC 32-21-2.5Chapter 2.5. Uniform Real Property Electronic Recording Act
           32-21-2.5-1"Document"
           32-21-2.5-2"Electronic"
           32-21-2.5-3"Electronic document"
           32-21-2.5-4"Electronic signature"
           32-21-2.5-5"Person"
           32-21-2.5-6"State"
           32-21-2.5-7Certain legal requirements satisfied by electronic document, electronic signature
           32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions
           32-21-2.5-9Electronic recording commission; adoption of standards before January 1, 2018
           32-21-2.5-10Applying and construing chapter
           32-21-2.5-11Effect on Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.)

 

IC 32-21-2.5-1"Document"

     Sec. 1. As used in this chapter, "document" means information that is:

(1) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(2) eligible to be recorded in the land records maintained by a county recorder.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-2"Electronic"

     Sec. 2. As used in this chapter, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-3"Electronic document"

     Sec. 3. As used in this chapter, "electronic document" means a document that is received by a county recorder in an electronic form.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-4"Electronic signature"

     Sec. 4. As used in this chapter, "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-5"Person"

     Sec. 5. As used in this chapter, "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 public corporation, a government or a governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-6"State"

     Sec. 6. As used in this chapter, "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.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-7Certain legal requirements satisfied by electronic document, electronic signature

     Sec. 7. (a) This section is effective January 1, 2018.

     (b) If a law requires, as a condition for recording, that a document:

(1) be an original;

(2) be on paper or another tangible medium; or

(3) be in writing;

the requirement is satisfied by an electronic document satisfying this chapter.

     (c) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

     (d) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or an electronic image of a stamp, impression, or seal does not have to accompany an electronic signature.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-8"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions

     Sec. 8. (a) As used in this section, "paper document" means a document that is received by a county recorder in a form that is not electronic.

     (b) Beginning January 1, 2018, a county recorder:

(1) who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission created under section 9 of this chapter;

(2) may receive, index, store, archive, and transmit electronic documents;

(3) may provide for access to, and for search and retrieval of, documents and information by electronic means;

(4) who accepts electronic documents for recording shall:

(A) continue to accept paper documents as authorized by state law; and

(B) place entries for both types of documents in the same index;

(5) may convert paper documents accepted for recording into electronic form;

(6) may convert into electronic form information recorded before the county recorder began to record electronic documents;

(7) may accept electronically any fee or tax that the county recorder is authorized to collect; and

(8) may agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-9Electronic recording commission; adoption of standards before January 1, 2018

     Sec. 9. (a) The electronic recording commission is established to adopt standards to implement this chapter before January 1, 2018. The commission consists of the following five (5) members appointed by the governor:

(1) Three (3) members must be county recorders.

(2) One (1) member must be employed in Indiana in the banking or mortgage lending industry.

(3) One (1) member must be employed in Indiana in the land title industry.

     (b) To keep the standards and practices of county recorders in Indiana in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this chapter and to keep the technology used by county recorders in Indiana compatible with technology used by recording offices in other jurisdictions that enact substantially this chapter, the electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards promulgated by national standard setting bodies, such as the Property Records Industry Association (PRIA);

(3) the views of interested persons and governmental officials and entities;

(4) the needs of counties of varying size, population, and resources; and

(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

As added by P.L.127-2017, SEC.8.

 

IC 32-21-2.5-10Applying and construing chapter

     Sec. 10. In applying and construing this chapter, 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.127-2017, SEC.8.

 

IC 32-21-2.5-11Effect on Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.)

     Sec. 11. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. 7003(b)).

As added by P.L.127-2017, SEC.8.

 

IC 32-21-3Chapter 3. Effect of Recording
           32-21-3-1"Conveyance"
           32-21-3-2"Grantor"
           32-21-3-3Conveyances requiring recording
           32-21-3-4Letters of attorney; executory contracts and memoranda of contracts for sale, purchase, or lease of land; effect of recording

 

IC 32-21-3-1"Conveyance"

     Sec. 1. As used in this chapter, "conveyance" means:

(1) an instrument of writing concerning land or an interest in land, except a last will and testament;

(2) a lease for a term not exceeding three (3) years; or

(3) an executory contract for the sale and purchase of land;

for purposes of the acknowledgment or proof of the instrument, lease, or contract, the recording of the instrument, lease, or contract, and the force and effect of that recording.

[Pre-2002 Recodification Citation: 32-1-2-31.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-3-2"Grantor"

     Sec. 2. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-3-3Conveyances requiring recording

     Sec. 3. A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease for more than three (3) years after the making of the lease is not valid and effectual against any person other than:

(1) the grantor;

(2) the grantor's heirs and devisees; and

(3) persons having notice of the conveyance or lease;

unless the conveyance or lease is made by a deed recorded within the time and in the manner provided in this chapter.

[Pre-2002 Recodification Citation: 32-1-2-11.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-3-4Letters of attorney; executory contracts and memoranda of contracts for sale, purchase, or lease of land; effect of recording

     Sec. 4. (a) The following may be recorded in the county where the land to which the letter or contract relates is situated:

(1) Letters of attorney containing a power to a person to:

(A) sell or convey land; or

(B) sell and convey land as the agent of the owner of the land.

(2) An executory contract for the sale, purchase, or lease of land, or a memorandum of an executory contract for the sale, purchase, or lease of land recorded under IC 36-2-11-20, when proved or acknowledged in the manner prescribed in this chapter for the proof or acknowledgment of conveyances.

     (b) The record when recorded and the certified transcript of the record may be read in evidence in the same manner and with the same effect as a conveyance.

     (c) A document recorded under this section gives notice to persons that are not parties to the letter or contract of:

(1) the existence of the letter or contract;

(2) the identities of the parties to the letter or contract; and

(3) the duty to inquire about the terms and conditions of the letter or contract if the recorded document does not disclose the terms and conditions.

[Pre-2002 Recodification Citation: 32-1-2-32.]

As added by P.L.2-2002, SEC.6. Amended by P.L.127-2017, SEC.9.

 

IC 32-21-4Chapter 4. Priority of Recorded Transactions
           32-21-4-1Recording in county where land situated; priority based on time of filing
           32-21-4-2Assignment, mortgage, or pledge of rents and profits as security; recording; immediate perfection
           32-21-4-3Instrument of defeasance

 

IC 32-21-4-1Recording in county where land situated; priority based on time of filing

     Sec. 1. (a) The following must be recorded in the recorder's office of the county where the land is situated:

(1) A conveyance or mortgage of land or of any interest in land.

(2) A lease for more than three (3) years.

     (b) A conveyance, mortgage, memorandum of lease, or lease takes priority according to the time of its filing. The conveyance, mortgage, memorandum of lease, or lease is fraudulent and void as against any subsequent purchaser, lessee, or mortgagee in good faith and for a valuable consideration if the purchaser's, lessee's, or mortgagee's deed, mortgage, or lease is first recorded.

     (c) This subsection applies regardless of when an instrument is recorded. If:

(1) an instrument referred to in subsection (a) is recorded; and

(2) the instrument does not comply with the:

(A) requirements of:

(i) IC 32-21-2-3; or

(ii) IC 32-21-2-7; or

(B) technical requirements of IC 36-2-11-16(c);

the instrument is validly recorded and provides constructive notice of the contents of the instrument as of the date of filing.

[Pre-2002 Recodification Citation: 32-1-2-16.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.81; P.L.135-2007, SEC.2; P.L.129-2008, SEC.1; P.L.94-2014, SEC.5; P.L.236-2015, SEC.7.

 

IC 32-21-4-2Assignment, mortgage, or pledge of rents and profits as security; recording; immediate perfection

     Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993.

     (b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is intended as security, whether contained in a separate instrument or otherwise, must be recorded under section 1 of this chapter.

     (c) When an assignment, a mortgage, or a pledge of rents and profits is recorded under subsection (b), the security interest of the assignee, mortgagee, or pledgee is immediately perfected as to the assignor, mortgagor, pledgor, and any third parties:

(1) regardless of whether the assignment, mortgage, or pledge is operative:

(A) immediately;

(B) upon the occurrence of a default; or

(C) under any other circumstances; and

(2) without the holder of the security interest taking any further action.

     (d) This section does not apply to security interests in:

(1) farm products;

(2) accounts or general intangibles arising from or relating to the sale of farm products by a farmer;

(3) timber to be cut; or

(4) minerals or the like (including oil and gas);

that may be perfected under IC 26-1-9.1.

[Pre-2002 Recodification Citation: 32-1-2-16.3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-4-3Instrument of defeasance

     Sec. 3. (a) This section applies when a deed:

(1) purports to contain an absolute conveyance of any estate in land; and

(2) is made or intended to be made defeasible by:

(A) a deed of defeasance;

(B) a bond; or

(C) another instrument.

     (b) The original conveyance is not defeated or affected against any person other than the maker of the defeasance, the heirs or devisees of the maker of the defeasance, or persons having actual notice of the defeasance unless the instrument of defeasance is:

(1) a deed of defeasance or bond that is recorded in the manner provided by law within ninety (90) days after the date of the deed; or

(2) another instrument that:

(A) is in a form required by the deed;

(B) contains an accurate legal description of the estate in land;

(C) is dated;

(D) has been acknowledged before a notary public;

(E) has been made for consideration; and

(F) is recorded in the manner provided by law within ninety (90) days after the date of the deed.

[Pre-2002 Recodification Citation: 32-1-2-17.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.82; P.L.156-2005, SEC.1.

 

IC 32-21-5Chapter 5. Residential Real Estate Sales Disclosure
           32-21-5-1Applicability of chapter
           32-21-5-2"Buyer" defined
           32-21-5-3"Closing" defined
           32-21-5-4"Defect" defined
           32-21-5-5"Disclosure form" defined
           32-21-5-5.5Repealed
           32-21-5-6"Owner" defined
           32-21-5-7Disclosure form; contents
           32-21-5-8Owner prepared disclosure form
           32-21-5-8.5Disclosures relating to property covered by governing documents of homeowners association
           32-21-5-9Disclosure form distinguished from warranty
           32-21-5-10Disclosure form; presentation required before acceptance of offer
           32-21-5-11Owner liability for errors in form
           32-21-5-12Matters arising after form delivered; requirement to disclose at settlement; unknown or unavailable information
           32-21-5-13Disclosure of defect after offer accepted; buyer's right to nullify contract; return of deposits

 

IC 32-21-5-1Applicability of chapter

     Sec. 1. (a) This chapter applies only to a sale of, an exchange of, an installment sales contract for, or a lease with option to buy residential real estate that contains not more than four (4) residential dwelling units.

     (b) This chapter does not apply to the following:

(1) Transfers ordered by a court, including transfers:

(A) in the administration of an estate;

(B) by foreclosure sale;

(C) by a trustee in bankruptcy;

(D) by eminent domain;

(E) from a decree of specific performance;

(F) from a decree of divorce; or

(G) from a property settlement agreement.

(2) Transfers by a mortgagee who has acquired the real estate at a sale conducted under a foreclosure decree or who has acquired the real estate by a deed in lieu of foreclosure.

(3) Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship, conservatorship, or trust.

(4) Transfers made from at least one (1) co-owner solely to at least one (1) other co-owner.

(5) Transfers made solely to any combination of a spouse or an individual in the lineal line of consanguinity of at least one (1) of the transferors.

(6) Transfers made because of the record owner's failure to pay any federal, state, or local taxes.

(7) Transfers to or from any governmental entity.

(8) Transfers involving the first sale of a dwelling that has not been inhabited.

(9) Transfers to a living trust.

[Pre-2002 Recodification Citation: 24-4.6-2-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-2"Buyer" defined

     Sec. 2. As used in this chapter, "buyer" means a transferee in a transaction described in section 1 of this chapter.

[Pre-2002 Recodification Citation: 24-4.6-2-2.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-3"Closing" defined

     Sec. 3. As used in this chapter, "closing" means a transfer of an interest described in section 1 of this chapter by a deed, installment sales contract, or lease.

[Pre-2002 Recodification Citation: 24-4.6-2-3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-4"Defect" defined

     Sec. 4. As used in connection with disclosure forms required by this chapter, "defect" means a condition that would have a significant adverse effect on the value of the property, that would significantly impair the health or safety of future occupants of the property, or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the premises.

[Pre-2002 Recodification Citation: 24-4.6-2-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-5"Disclosure form" defined

     Sec. 5. As used in this chapter, "disclosure form" refers to a disclosure form prepared under section 8 of this chapter or a disclosure form that meets the requirements of section 8 of this chapter.

[Pre-2002 Recodification Citation: 24-4.6-2-5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-5.5Repealed

As added by P.L.186-2007, SEC.8. Repealed by P.L.3-2008, SEC.269.

 

IC 32-21-5-6"Owner" defined

     Sec. 6. As used in this chapter, "owner" means the owner of residential real estate that is for sale, exchange, lease with an option to buy, or sale under an installment contract.

[Pre-2002 Recodification Citation: 24-4.6-2-6.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-7Disclosure form; contents

     Sec. 7. The Indiana real estate commission established by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains the following:

(1) Disclosure by the owner of the known condition of the following:

(A) The foundation.

(B) The mechanical systems.

(C) The roof.

(D) The structure.

(E) The water and sewer systems.

(F) Additions that may require improvements to the sewage disposal system.

(G) Other areas that the Indiana real estate commission determines are appropriate.

(2) Disclosure by the owner of known:

(A) contamination caused by the manufacture of a controlled substance on the property that has not been certified as decontaminated by an inspector approved under IC 13-14-1-15; or

(B) manufacture of methamphetamine or dumping of waste from the manufacture of methamphetamine in a residential structure on the property.

(3) A notice to the prospective buyer that contains substantially the following language:

"The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and provide for appropriate provisions in a contract between them concerning any advice, inspections, defects, or warranties obtained on the property.".

(4) A notice to the prospective buyer that contains substantially the following language:

"The representations in this form are the representations of the owner and are not the representations of the agent, if any. This information is for disclosure only and is not intended to be a part of any contract between the buyer and owner.".

(5) A disclosure by the owner that an airport is located within a geographical distance from the property as determined by the Indiana real estate commission. The commission may consider the differences between an airport serving commercial airlines and an airport that does not serve commercial airlines in determining the distance to be disclosed.

[Pre-2002 Recodification Citation: 24-4.6-2-7.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.83; P.L.159-2011, SEC.41; P.L.180-2014, SEC.5.

 

IC 32-21-5-8Owner prepared disclosure form

     Sec. 8. An owner may prepare or use a disclosure form that contains the information required in the disclosure form under section 7 of this chapter and any other information the owner determines is appropriate, including whether the subject property is located in a regional sewage district.

[Pre-2002 Recodification Citation: 24-4.6-2-8.]

As added by P.L.2-2002, SEC.6. Amended by P.L.97-2012, SEC.18.

 

IC 32-21-5-8.5Disclosures relating to property covered by governing documents of homeowners association

     Sec. 8.5. (a) This section applies to all transfers of title to property after June 30, 2015.

     (b) The definitions in IC 32-25.5-2 apply in this section.

     (c) As used in this section, "property" refers to real property covered by the governing documents of a homeowners association.

     (d) As used in this section, "purchaser" refers to a person who purchases property.

     (e) The following must be provided by the seller to a purchaser not later than ten (10) days before the sale of the property closes:

(1) A disclosure that the property is in a community governed by a homeowners association.

(2) A copy of the recorded governing documents.

(3) A statement indicating whether there are assessments and the amount of any assessments.

(4) The following information about a board member, homeowners association agent, or other person who has a contract with the homeowners association to provide any management services for the homeowners association:

(A) The name.

(B) The business or home address.

     (f) A homeowners association or agent of a homeowners association providing a statement of unpaid assessments or other charges of the homeowners association relating to the property may charge not more than two hundred fifty dollars ($250) for the statement.

     (g) The failure to provide any of the documents listed in subsection (e) does not limit or prevent enforcement of the governing documents by the homeowners association.

As added by P.L.141-2015, SEC.1.

 

IC 32-21-5-9Disclosure form distinguished from warranty

     Sec. 9. A disclosure form is not a warranty by the owner or the owner's agent, if any, and the disclosure form may not be used as a substitute for any inspections or warranties that the prospective buyer or owner may later obtain.

[Pre-2002 Recodification Citation: 24-4.6-2-9.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-10Disclosure form; presentation required before acceptance of offer

     Sec. 10. (a) An owner must complete and sign a disclosure form and submit the form to a prospective buyer before an offer for the sale of the residential real estate is accepted.

     (b) An appraiser retained to appraise the residential real estate for which the disclosure form has been prepared shall be given a copy of the form upon request. This subsection applies only to appraisals made for the buyer or an entity from which the buyer is seeking financing.

     (c) Before closing, an accepted offer is not enforceable against the buyer until the owner and the prospective buyer have signed the disclosure form. After closing, the failure of the owner to deliver a disclosure statement form to the buyer does not by itself invalidate a real estate transaction. A buyer may not invalidate a real estate transaction or a contract to purchase real estate due to the buyer's failure to sign a seller's disclosure form that has been received or acknowledged by the buyer.

[Pre-2002 Recodification Citation: 24-4.6-2-10.]

As added by P.L.2-2002, SEC.6. Amended by P.L.150-2013, SEC.3.

 

IC 32-21-5-11Owner liability for errors in form

     Sec. 11. The owner is not liable for any error, inaccuracy, or omission of any information required to be delivered to the prospective buyer under this chapter if:

(1) the error, inaccuracy, or omission was not within the actual knowledge of the owner or was based on information provided by a public agency or by another person with a professional license or special knowledge who provided a written or oral report or opinion that the owner reasonably believed to be correct; and

(2) the owner was not negligent in obtaining information from a third party and transmitting the information.

[Pre-2002 Recodification Citation: 24-4.6-2-11.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-12Matters arising after form delivered; requirement to disclose at settlement; unknown or unavailable information

     Sec. 12. (a) An owner does not violate this chapter if the owner subsequently discovers that the disclosure form is inaccurate as a result of any act, circumstance, information received, or agreement subsequent to the delivery of the disclosure form. However, at or before settlement, the owner is required to disclose any material change in the physical condition of the property or certify to the purchaser at settlement that the condition of the property is substantially the same as it was when the disclosure form was provided.

     (b) If at the time disclosures are required to be made under subsection (a) an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information if the approximation is clearly identified, is reasonable, is based on the actual knowledge of the owner, and is not used to circumvent the disclosure requirements of this chapter.

[Pre-2002 Recodification Citation: 24-4.6-2-12.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-5-13Disclosure of defect after offer accepted; buyer's right to nullify contract; return of deposits

     Sec. 13. (a) Notwithstanding section 12 of this chapter, if a prospective buyer receives a disclosure form or an amended disclosure form after an offer has been accepted that discloses a defect, the prospective buyer may after receipt of the disclosure form and within two (2) business days nullify the contract by delivering a written rescission to the owner or the owner's agent, if any.

     (b) A prospective buyer is not liable for nullifying a contract under this section and is entitled to a return of any deposits made in the transaction.

[Pre-2002 Recodification Citation: 24-4.6-2-13.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-6Chapter 6. Psychologically Affected Properties
           32-21-6-1"Agent"
           32-21-6-2"Limited agent"
           32-21-6-3"Psychologically affected property"
           32-21-6-4"Transferee"
           32-21-6-5Disclosure not required
           32-21-6-6Refusal to disclose; misrepresentation

 

IC 32-21-6-1"Agent"

     Sec. 1. As used in this chapter, "agent" means a real estate agent or other person acting on behalf of the owner or transferee of real estate or acting as a limited agent.

[Pre-2002 Recodification Citation: 24-4.6-2.1-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-6-2"Limited agent"

     Sec. 2. As used in this chapter, "limited agent" means an agent who, with the written and informed consent of all parties to a real estate transaction, is engaged by both the seller and buyer or both the landlord and tenant.

[Pre-2002 Recodification Citation: 24-4.6-2.1-1.5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-6-3"Psychologically affected property"

     Sec. 3. As used in this chapter, "psychologically affected property" includes real estate or a dwelling that is for sale, rent, or lease and to which one (1) or more of the following facts or a reasonable suspicion of facts apply:

(1) That an occupant of the property was afflicted with or died from a disease related to the human immunodeficiency virus (HIV).

(2) That an individual died on the property.

(3) That the property was the site of:

(A) a felony under IC 35;

(B) criminal organization (as defined in IC 35-45-9-1) activity;

(C) the discharge of a firearm involving a law enforcement officer while engaged in the officer's official duties; or

(D) the illegal manufacture or distribution of a controlled substance.

[Pre-2002 Recodification Citation: 24-4.6-2.1-2.]

As added by P.L.2-2002, SEC.6. Amended by P.L.25-2016, SEC.13.

 

IC 32-21-6-4"Transferee"

     Sec. 4. As used in this chapter, "transferee" means a purchaser, tenant, lessee, prospective purchaser, prospective tenant, or prospective lessee of the real estate or dwelling.

[Pre-2002 Recodification Citation: 24-4.6-2.1-3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-6-5Disclosure not required

     Sec. 5. An owner or agent is not required to disclose to a transferee any knowledge of a psychologically affected property in a real estate transaction.

[Pre-2002 Recodification Citation: 24-4.6-2.1-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-6-6Refusal to disclose; misrepresentation

     Sec. 6. An owner or agent is not liable for the refusal to disclose to a transferee:

(1) that a dwelling or real estate is a psychologically affected property; or

(2) details concerning the psychologically affected nature of the dwelling or real estate.

However, an owner or agent may not intentionally misrepresent a fact concerning a psychologically affected property in response to a direct inquiry from a transferee.

[Pre-2002 Recodification Citation: 24-4.6-2.1-5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-7Chapter 7. Adverse Possession
           32-21-7-1Establishing title; payment of taxes and special assessments by adverse possessor; exception for governmental entities and exempt organizations
           32-21-7-2Property owned by state or political subdivision; adverse possession action against political subdivision barred after 6-30-1998

 

IC 32-21-7-1Establishing title; payment of taxes and special assessments by adverse possessor; exception for governmental entities and exempt organizations

     Sec. 1. (a) Except as provided in subsection (b), in an action to establish title to real property, possession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the real property during the period the adverse possessor claims to have adversely possessed the real property. However, this section does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.

     (b) A governmental entity or an entity exempt from federal income taxation under Section 501 of the Internal Revenue Code may claim title to real property by adverse possession without having paid all taxes and special assessments due on the real property during the period of adverse possession if an adjacent property owned by the entity was exempt from the payment of property taxes and special assessments during the period of adverse possession.

[Pre-2002 Recodification Citation: 32-1-20-1.]

As added by P.L.2-2002, SEC.6. Amended by P.L.171-2006, SEC.7; P.L.94-2014, SEC.6; P.L.51-2017, SEC.1.

 

IC 32-21-7-2Property owned by state or political subdivision; adverse possession action against political subdivision barred after 6-30-1998

     Sec. 2. (a) Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession.

     (b) A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-2-13) after June 30, 1998.

[Pre-2002 Recodification Citation: 32-1-20-2.]

As added by P.L.2-2002, SEC.6. Amended by P.L.16-2009, SEC.30.

 

IC 32-21-8Chapter 8. Tax Sale Surplus Disclosure
           32-21-8-1Applicability of chapter
           32-21-8-2Tax sale surplus fund disclosure form; filing
           32-21-8-3Tax sale surplus fund disclosure form; contents
           32-21-8-4Signing and acknowledging of form
           32-21-8-5Duties of county auditor
           32-21-8-6State board of accounts to prescribe form
           32-21-8-7Endorsement of conveyance document

 

IC 32-21-8-1Applicability of chapter

     Sec. 1. This chapter applies to a transfer of property made after June 30, 2001, that transfers ownership of the property from a delinquent taxpayer to another person after the property is sold at a tax sale under IC 6-1.1-24 and before the tax sale purchaser is issued a tax sale deed under IC 6-1.1-25-4.

[Pre-2002 Recodification Citation: 32-2-8-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-8-2Tax sale surplus fund disclosure form; filing

     Sec. 2. A taxpayer must file a tax sale surplus fund disclosure form in duplicate with the county auditor before the taxpayer may transfer title to property if:

(1) the taxpayer owes delinquent taxes on the property;

(2) the property was sold at a tax sale under IC 6-1.1-24; and

(3) a part of the tax sale purchaser's bid on the property was deposited into the tax sale surplus fund under IC 6-1.1-24-7.

[Pre-2002 Recodification Citation: 32-2-8-2.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-8-3Tax sale surplus fund disclosure form; contents

     Sec. 3. A tax sale surplus fund disclosure form must contain the following information:

(1) The name and address of the taxpayer transferring the property.

(2) The name and address of the person acquiring the property.

(3) The proposed date of transfer.

(4) The purchase price for the transfer.

(5) The date the property was sold at a tax sale under IC 6-1.1-24.

(6) The amount of the tax sale purchaser's bid that was deposited into the tax sale surplus fund under IC 6-1.1-24-7.

(7) Proof from the county treasurer that the person acquiring the property has paid to the county treasurer the amount required under IC 6-1.1-25 for redemption of the property.

[Pre-2002 Recodification Citation: 32-2-8-3.]

As added by P.L.2-2002, SEC.6. Amended by P.L.187-2016, SEC.14.

 

IC 32-21-8-4Signing and acknowledging of form

     Sec. 4. The tax sale surplus fund disclosure form must be signed by the taxpayer transferring the property and acknowledged before an officer authorized to take acknowledgments of deeds.

[Pre-2002 Recodification Citation: 32-2-8-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-8-5Duties of county auditor

     Sec. 5. The county auditor shall:

(1) stamp the tax sale surplus fund disclosure form to indicate the county auditor's receipt of the form; and

(2) remit the duplicate to the taxpayer.

[Pre-2002 Recodification Citation: 32-2-8-5.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-8-6State board of accounts to prescribe form

     Sec. 6. The state board of accounts shall prescribe the tax sale surplus fund disclosure form required by this chapter.

[Pre-2002 Recodification Citation: 32-2-8-6.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-8-7Endorsement of conveyance document

     Sec. 7. (a) Before a county auditor may make the endorsement required by IC 36-2-11-14 on a document of conveyance for property to which this chapter applies, the person acquiring the property must:

(1) redeem the property by paying to the county treasurer the total amount required under IC 6-1.1-25; and

(2) provide to the county auditor proof from the county treasurer that the person made the payment specified under subdivision (1).

     (b) A conveyance of property to which this chapter applies is inoperable and void if the conveyance document is not recorded with the county recorder of the county where the property is located on or before the expiration of the redemption period specified under IC 6-1.1-25 for the property.

As added by P.L.187-2016, SEC.15.

 

IC 32-21-9Chapter 9. Written Instruments by Members of the Armed Forces
           32-21-9-1Notarial acts before commissioned officers in United States armed forces
           32-21-9-2Prima facie evidence of authority to execute
           32-21-9-3Place of execution or acknowledgment; failure to state
           32-21-9-4Proof of recited facts; filing and recording in Indiana

 

IC 32-21-9-1Notarial acts before commissioned officers in United States armed forces

     Sec. 1. (a) In addition to the acknowledgment of written instruments and the performance of other notarial acts in the manner and form otherwise authorized by the laws of this state, a person:

(1) who is serving in or with the armed forces of the United States wherever located;

(2) who is serving as a merchant seaman outside the limits of the United States included within the fifty (50) states and the District of Columbia; or

(3) who is outside the limits of the United States by permission, assignment, or direction of any department or office of the United States government in connection with any activity pertaining to the prosecution of any war in which the United States is engaged;

may acknowledge any instruments, attest documents, subscribe oaths and affirmations, give depositions, execute affidavits, and perform other notarial acts before any commissioned officer with the rank of second lieutenant or higher in the active services of the Army of the United States or the United States Marine Corps or before any commissioned officer with the rank of ensign or higher in the active service of the United States Navy or the United States Coast Guard, or with equivalent rank in any other component part of the armed forces of the United States.

     (b) The commissioned officer before whom a notarial act is performed under this section shall certify the instrument with the officer's official signature and title in substantially the following form:

With the Armed Forces (or other component part of                      )

                                                                                                         )ss

the armed forces) of the United States at 1___________________)

The foregoing instrument was acknowledged this ___________

day of ____________ 20______ by 2__________ serving (in) the armed forces of the

                                                                                            (with)

United States) ___________ (as a merchant seaman outside the limits of the United States) (as a person not in the armed forces, but outside the limits of the United States by permission, assignment, or direction of a department of the United States Government in connection with an activity pertaining to the prosecution of the war), before me, a commissioned officer in the active service of the (Army of the United States) (United States Marine Corps) (United States Navy) (United States Coast Guard) (or equivalent rank in any other component part of the armed forces).

                                                                    (Signature of officer)

                                                                    _______________________

                                                                    Rank and Branch

     Footnote 1. In the event that military considerations preclude disclosure of the place of execution or acknowledgment the words "an undisclosed place" may be supplied instead of the appropriate city or county, state, and country.

     Footnote 2. If by a natural person or persons, insert name or names; if by a person acting in a representative or official capacity or as attorney-in-fact, then insert name of person acknowledging the instrument, followed by an accurate description of the capacity in which he acts including the name of the person, corporation, or other entity represented.

[Pre-2002 Recodification Citation: 32-2-3-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-9-2Prima facie evidence of authority to execute

     Sec. 2. An acknowledgment or other notarial act made substantially in the form prescribed by section 1 of this chapter is prima facie evidence:

(1) that the person named in the instrument as having acknowledged or executed the instrument:

(A) appeared in person before the officer taking the acknowledgment;

(B) was personally known to the officer to be the person whose name was subscribed to the instrument; and

(C) acknowledged that the person signed the instrument as a free and voluntary act for the uses and purposes set forth in the instrument;

(2) if the acknowledgment or execution is by a person in a representative or official capacity, that the person acknowledging or executing the instrument acknowledged it to be the person's free and voluntary act in such capacity or the free and voluntary act of the principal, person, or entity represented; and

(3) if the acknowledgment or other notarial act is by a person as an officer of a corporation, that the person was known to the officer taking the acknowledgment or performing any other notarial act to be a corporate officer and that the instrument was executed and acknowledged for and on behalf of the corporation by the corporate officer with proper authority from the corporation, as the free and voluntary act of the corporation.

[Pre-2002 Recodification Citation: 32-2-3-2.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-9-3Place of execution or acknowledgment; failure to state

     Sec. 3. An instrument acknowledged or executed as provided in this chapter is not invalid because of a failure to state in the instrument the place of execution or acknowledgment.

[Pre-2002 Recodification Citation: 32-2-3-3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-9-4Proof of recited facts; filing and recording in Indiana

     Sec. 4. An acknowledgment or other notarial act made substantially as provided in this chapter constitutes prima facie proof of the facts recited in the instrument and, without further or other authentication, entitles any document so acknowledged or executed to be filed and recorded in the proper offices of record and received in evidence before the courts of this state, to the same extent and with the same effect as documents acknowledged or executed in accordance with any other provision of law now in force or that may be enacted.

[Pre-2002 Recodification Citation: 32-2-3-4.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-10Chapter 10. Conveyances in Which the Grantor and Another Are Named as Grantees
           32-21-10-1"Person" or "persons" defined
           32-21-10-2Effect of conveyance by grantee to grantee and another
           32-21-10-3Effects of conveyance by two or more grantees to one or more grantees

 

IC 32-21-10-1"Person" or "persons" defined

     Sec. 1. As used in this chapter:

(1) "person" includes a person who may be married; and

(2) "persons" includes persons who may be married to each other.

[Pre-2002 Recodification Citation: 32-1-9-3.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-10-2Effect of conveyance by grantee to grantee and another

     Sec. 2. (a) A person who owns real property or an interest in real property that the person has the power to convey may effectively convey the property or interest by a conveyance naming as grantees that person and one (1) or more other persons.

     (b) Two (2) or more persons who own real property or an interest in real property that the persons have the power to convey may effectively convey the property or interest by a conveyance naming as grantees one (1) or more of those persons and one (1) or more other persons.

     (c) A conveyance under subsection (a) or (b) has the same effect as to whether it creates an estate in:

(1) severalty;

(2) joint tenancy with right of survivorship;

(3) tenancy by the entirety; or

(4) tenancy in common;

as if the conveyance were a conveyance from a stranger who owned the property or interest to the persons named as grantees in the conveyance.

[Pre-2002 Recodification Citation: 32-1-9-1.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-10-3Effects of conveyance by two or more grantees to one or more grantees

     Sec. 3. (a) Two (2) or more persons who own real property or an interest in real property that they have power to convey may effectively convey the property or interest by a conveyance naming as grantee or grantees one (1) or more of those persons.

     (b) A conveyance under subsection (a) has the same effect, as to whether it creates an estate in:

(1) severalty;

(2) joint tenancy with right of survivorship;

(3) tenancy by the entirety; or

(4) tenancy in common;

as if the conveyance were a conveyance from a stranger who owned the property or interest to the person or persons named as grantee or grantees in the conveyance.

[Pre-2002 Recodification Citation: 32-1-9-2.]

As added by P.L.2-2002, SEC.6.

 

IC 32-21-11Chapter 11. Repealed

[2002 Recodification Citation:

32-21-11-1            New.]

Repealed by P.L.113-2014, SEC.120.

 

IC 32-21-12Chapter 12. Deed Restrictions Regarding Industrialized Residential Structures
           32-21-12-1"Industrialized residential structure"
           32-21-12-2Application of chapter
           32-21-12-3Deed restriction or restrictive covenant concerning erection of industrialized residential structure
           32-21-12-4Aesthetic compatibility requirement permitted

 

IC 32-21-12-1"Industrialized residential structure"

     Sec. 1. As used in this chapter, "industrialized residential structure" means a structure that is:

(1) an industrialized building system (as defined in IC 22-12-1-14) certified under IC 22-15-4-1;

(2) a Class 2 structure (as defined in IC 22-12-1-5(a)(1));

(3) intended for placement on a permanent foundation; and

(4) constructed in conformance with the applicable edition of the Indiana Residential Code (675 IAC 14).

As added by P.L.139-2007, SEC.2.

 

IC 32-21-12-2Application of chapter

     Sec. 2. This chapter applies only to deed restrictions or restrictive covenants that are recorded after June 30, 2007.

As added by P.L.139-2007, SEC.2.

 

IC 32-21-12-3Deed restriction or restrictive covenant concerning erection of industrialized residential structure

     Sec. 3. (a) Except as provided in section 4 of this chapter, a deed restriction or restrictive covenant may not prohibit or restrict the erection of an industrialized residential structure on real property.

     (b) This section does not require a property owner to erect an industrialized residential structure on the owner's property.

As added by P.L.139-2007, SEC.2.

 

IC 32-21-12-4Aesthetic compatibility requirement permitted

     Sec. 4. A deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose the same aesthetic compatibility requirements on an industrialized residential structure in the subdivision that are applicable to all residential structures in the subdivision.

As added by P.L.139-2007, SEC.2.

 

IC 32-21-13Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules
           32-21-13-1Application of election law definitions
           32-21-13-2"Rules"
           32-21-13-3"Sign"
           32-21-13-4Prohibition on homeowner association adoption or enforcement of rules relating to display of political signs; exceptions
           32-21-13-5Permissible rules relating to display of political signs
           32-21-13-6Homeowners association may remove sign that violates permitted rules
           32-21-13-7Political activity on homeowners association property may not be prohibited; exception

 

IC 32-21-13-1Application of election law definitions

     Sec. 1. The definitions in IC 3-5-2 apply to this chapter.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-2"Rules"

     Sec. 2. As used in this chapter, "rules" refers to any of the following:

(1) A restrictive covenant.

(2) A homeowners association rule.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-3"Sign"

     Sec. 3. As used in this chapter, "sign" refers only to a sign advocating:

(1) the election or defeat of one (1) or more candidates for:

(A) nomination; or

(B) election;

to a public office;

(2) support for or opposition to:

(A) a political party; or

(B) a political party's candidates; or

(3) the approval or disapproval of a public question.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-4Prohibition on homeowner association adoption or enforcement of rules relating to display of political signs; exceptions

     Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:

(1) beginning thirty (30) days before; and

(2) ending five (5) days after;

the date of the election to which the sign relates.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-5Permissible rules relating to display of political signs

     Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:

(1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.

(2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.

(3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:

(A) in a window on the homeowner's property; or

(B) on the ground that is part of the homeowner's property.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-6Homeowners association may remove sign that violates permitted rules

     Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.

As added by P.L.5-2010, SEC.1.

 

IC 32-21-13-7Political activity on homeowners association property may not be prohibited; exception

     Sec. 7. (a) This section does not apply to homeowners association property if:

(1) access to the property from the outside is controlled by gates or other means; and

(2) the common areas, including roads and sidewalks, are privately owned and maintained.

     (b) As used in this section, "homeowners association property" refers to real property owned by any of the following:

(1) A member of the homeowners association.

(2) The homeowners association.

(3) The members of the homeowners association in common.

     (c) A homeowners association may not adopt or enforce a rule or covenant that prohibits, or has the effect of prohibiting:

(1) a candidate;

(2) an individual who holds an elected office;

(3) the spouse of a candidate or individual who holds an elected office; or

(4) a volunteer worker of a candidate or individual who holds an elected office;

from entering onto homeowners association property for purposes of conducting political activity.

As added by P.L.73-2014, SEC.1. Amended by P.L.174-2015, SEC.1.

 

IC 32-21-14Chapter 14. Transfer Fee Covenants
           32-21-14-1"Transfer"
           32-21-14-2"Transfer fee"
           32-21-14-3"Transfer fee covenant"
           32-21-14-4Transfer fee covenants; not binding or enforceable; lien to secure payment void and unenforceable; no presumption of validity

 

IC 32-21-14-1"Transfer"

     Sec. 1. As used in this chapter, "transfer" means the transfer of an interest in real property located in Indiana by:

(1) sale;

(2) gift;

(3) conveyance;

(4) assignment;

(5) inheritance; or

(6) other means of transfer.

As added by P.L.136-2011, SEC.1. Amended by P.L.6-2012, SEC.207.

 

IC 32-21-14-2"Transfer fee"

     Sec. 2. (a) As used in this chapter, "transfer fee" means a fee or charge that:

(1) is required under a transfer fee covenant; and

(2) is payable:

(A) upon the transfer of an interest in real property; or

(B) for the right to make or accept a transfer of an interest in real property;

regardless of whether the fee or charge is in a fixed amount or is determined as a percentage of the value of the property, of the purchase price of the property, or of any consideration given for the transfer of the property.

     (b) The term does not include any of the following:

(1) Any consideration payable by the transferee to the transferor for the interest in the real property being transferred, including any consideration payable for a separate mineral estate and its appurtenant surface access rights.

(2) Any commission to a real estate broker licensed under IC 25-34.1 payable:

(A) in connection with the transfer of an interest in real property; and

(B) under an agreement between the real estate broker and the transferor or transferee.

(3) Any interest, charges, fees, or other amounts payable by a borrower to a lender under a loan secured by a mortgage against an interest in real property, including the following:

(A) Any fee payable to the lender for consenting to an assumption of the loan or to a transfer of the property interest subject to the mortgage.

(B) Any fees or charges payable to the lender for estoppel letters or certificates.

(C) Any other consideration allowed by law and payable to the lender in connection with the loan.

(4) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease.

(5) Any consideration payable to the holder of:

(A) an option to purchase an interest in real property; or

(B) a right of first refusal or first offer to purchase an interest in real property;

for waiving, releasing, or not exercising the option or right upon the transfer of the property interest to another person.

(6) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental entity.

(7) Any fee, charge, assessment, fine, or other amount payable to:

(A) a homeowners association;

(B) a condominium association;

(C) a cooperative association;

(D) a mobile home association;

(E) another property owners association; or

(F) an agent representing an association described in clauses (A) through (E);

under a covenant, law, or contract applicable to the association.