Citations Affected: IC 6-1.1-5-7; IC 32-21-12.
Synopsis: Transfer on death deed. Authorizes an owner of real
property to transfer ownership of the real property upon the death of the
owner by using a transfer on death deed. Provides that a transfer on
death deed must be recorded to be valid. Requires the recording of the
grantor's death certificate and other documents after the death of the
grantor.
Effective: July 1, 2006.
January 10, 2006, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
subsection (a), the affiant must attach a certified copy of the decedent's
will to the affidavit. However, if the will has been probated or recorded
in the county in which the real property is located, the affiant, in lieu
of attaching a certified copy of the will, shall state that fact in the
affidavit and indicate the volume and page of the record where the will
may be found.
(c) This subsection applies in the case of a decedent who
executed a transfer on death deed under IC 32-21-12. In addition
to the other information that must be contained in the affidavit
prepared and filed under subsection (a), the affidavit must state the
fact that the decedent's transfer on death deed was recorded and
must indicate the volume and page of the record where the transfer
on death deed may be found.
(b) (d) Except as provided in section 9 of this chapter, the county
auditor shall enter a transfer of the real property in the proper transfer
book after the affidavit is filed with his the county auditor's office.
(c) (e) No transfer made under this section has the effect of
conferring title upon the person procuring the transfer.
property interest transferred in the deed is located.
Sec. 4. A deed executed under this chapter is not required to be:
(1) supported by consideration; or
(2) delivered to the named transfer on death beneficiary;
to be effective.
Sec. 5. Upon the death of an individual conveying an interest in
real property in a deed executed and recorded under this chapter,
the interest in real property is transferred to each beneficiary who:
(1) is named in the deed; and
(2) survives the grantor.
Sec. 6. The transfer of an interest in real property under section
5 of this chapter must be recorded in the county in which the real
property is located with the following:
(1) A certified copy of the death certificate of the deceased
grantor of the real property.
(2) The affidavit of a named beneficiary of the deed executed
by the grantor under this chapter containing the following:
(A) The name and address of each named beneficiary who
survives the grantor.
(B) The date of the grantor's death.
(C) A description of the real property transferred by the
grantor.
(D) The name of each named beneficiary who has not
survived the grantor.
(3) A certified copy of the death certificate of any named
beneficiary who has not survived the grantor.
Sec. 7. A transfer of an interest in real property under this
chapter is subject to the following:
(1) IC 6-1.1-5.
(2) IC 6-1.1-5.5.
(3) IC 6-4.1.
Sec. 8. A deed executed under this chapter is not testamentary.