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;

Terms Used In Indiana Code 32-17-14-12

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) is in other respects sufficient to transfer the type of property involved; and

(3) is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths or executed in the presence of a disinterested witness.

     (b) A beneficiary transfer document described in this section is not required to be supported by consideration or delivered to the transferee beneficiary.

     (c) This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and have the effect of postponing enjoyment of the property until after the death of the owner.

     (d) For purposes of this section, a witness is disinterested if the witness is not:

(1) the designated transferee beneficiary;

(2) the spouse of the designated transferee beneficiary;

(3) a descendant of the designated transferee beneficiary; or

(4) the spouse of a descendant of the designated transferee beneficiary.

     (e) A disinterested witness may prove the owner’s execution of a deed of gift, bill of sale, or other writing under this section as a witness may prove the signature of a grantor, principal, or affiant making a conveyance, mortgage, or other instrument of writing under IC 32-21-2-3(a).

As added by P.L.143-2009, SEC.41. Amended by P.L.185-2021, SEC.31.

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