Skip to main content

Indiana Asset Transfers After Death

How common assets may transfer after death in Indiana, with state-level defaults for probate, real estate, vehicles, and beneficiary assets.

Authority depends on title. Beneficiary and survivorship assets pass outside the estate. Real estate passes to the heirs or devisees at the moment of death under IC 29-1-7-23, but it stays subject to the personal representative's possession and remains chargeable with the estate's claims. Other individually owned probate assets need either a small estate affidavit under IC 29-1-8-1 or a personal representative appointed by the circuit or superior court with probate jurisdiction.

Usually Outside Probate

These assets pass by contract, title, or beneficiary designation, largely under Indiana's Transfer on Death Property Act (IC 32-17-14).

Life insurance with a named beneficiaryRetirement accounts with a named beneficiary

Usually Needs Estate Authority

Assets solely in the decedent's name with no beneficiary or survivorship path need either the small estate affidavit or a court-appointed personal representative.

Special Review Needed

Real property, vehicles, the survivor's allowance, and Medicaid estate recovery all need source-backed review before anything moves.

Estates where the decedent received Medicaid after age 55, because Indiana's expanded estate definition reaches nonprobate transfers

Not sure if this estate needs probate?

Answer a few questions to see whether probate is likely and which transfer path fits. Free, no signup required.

Take the 2-minute assessment

Select an Asset Type

Indiana real property passes to the heirs (with no will) or devisees (under a will) at the moment of death under IC 29-1-7-23. It stays subject to the personal representative's possession under IC 29-1-13-1 and remains chargeable with the estate's claims. Deeds and estate affidavits are recorded with the county recorder where the land sits, after the county auditor endorses them for transfer.

Pro Tips

  • -Pull the recorded chain of title from the county recorder before deciding whether administration is needed, rather than relying on documents found at home.
  • -Every deed and estate affidavit needs the county auditor's endorsement for transfer before the county recorder will record it.
  • -Even though title passes at death, keep the property insured, maintained, and available for creditor claims until the estate's debts are resolved.

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Indiana?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Indiana Resources

Explore the rest of the Indiana probate hub.

Do I need probate?4 pages
Costs and money5 pages
File for probate2 pages
Transfer assets3 pages
Learn and reference5 pages