How to Avoid Probate in Indiana

Non-probate options in Indiana include: transfer on death deeds for real estate, recorded before death (IC 32-17-14-11); transfer-on-death designations for accounts, securities and other property under the Transfer on Death Property Act (IC 32-17-14); a vehicle title in transfer-on-death form ("A.B. transfers on death to C.D."), which vests in the beneficiary at the owner's death (IC 9-17-3-9); joint ownership with survivorship; property in a funded revocable trust (IC 30-4-3-1.5); the small estate affidavit for estates of $100,000 or less (IC 29-1-8-1); and the small estate closing procedure (IC 29-1-8-3).

If the gross probate estate, minus liens, encumbrances and reasonable funeral expenses, is $100,000 or less (for deaths after June 30, 2022), a distributee can collect money owed to the decedent, personal property, bank accounts, securities and safe deposit box contents by affidavit 45 days after death, if no personal representative has been appointed or applied for. Vehicle and watercraft titles can be transferred by the BMV with an affidavit signed by all distributees. The affiant must notify all distributees. The affidavit does not cover real estate.

Yes. A transfer on death deed must be signed by the owner (or the owner's legal representative) and recorded with the county recorder in the county where the land is located before the owner dies, with the county auditor's endorsement; an unrecorded deed is void. No consideration or delivery to the beneficiary is required.