Property Transfer at Death in Indiana

The answer depends on how the property, real and personal is titled, if there is more than one owner the property transfers as titled. If you are the only owner, the property will transfer through your will.

As a example. Let’s say you have a joint bank account with your child. At the time of your death, the bank account will transfer to the co-owner, your child, by operation of law. On the other hand, if you are the only person on your bank account at the time of your death then the account will have to transfer through the probate process.

Likewise, if you are the only owner of piece of real property, when you pass away the property will have to go through probate to transfer. On the other hand, if there is a co-owner or you have a transfer on death deed, the property will transfer as a matter of law at your death and will not have to be probated.