Sec. 2. (a) As used in this chapter, “claimant” means the surviving spouse or a surviving child, to the extent that statutory allowances are affected, or a person who has filed a timely claim in a deceased transferor’s probate estate under IC 29-1-14, and is entitled to enforce the claim against a transferee of a nonprobate transfer.

     (b) As used in this chapter, “nonprobate transferee” means a person who acquires an interest in property by a nonprobate transfer.

Terms Used In Indiana Code 32-17-13-2

  • Decedent: A deceased person.
  • nonprobate transfer: means a valid transfer, effective at death, by a transferor:

    Indiana Code 32-17-13-1

  • nonprobate transferee: means a person who acquires an interest in property by a nonprobate transfer. See Indiana Code 32-17-13-2
  • Probate: Proving a will
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
     (c) Except as otherwise provided by statute, a transferee of a nonprobate transfer is subject to liability to a deceased transferor’s probate estate for:

(1) allowed claims against the deceased transferor’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.

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

     (e) 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. Amended by P.L.163-2018, SEC.16.