First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1213
AN ACT to amend the Indiana Code concerning property.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 27-1-13-18, AS AMENDED BY P.L.161-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 18. (a) This section applies to a loss or damages
incurred after June 30, 2025, for a policy of insurance that is described
in:
(1) Class 3 3(a) of IC 27-1-5-1; or
(2) Class 2 2(h) of IC 27-1-5-1. except for a policy of insurance
that is described in Class 2(j) of IC 27-1-5-1.
However, this section does not apply to a commercial lines
property insurance policy.
(b) This section applies regardless of whether the policy of
insurance was created before, on, or after July 1, 2025, unless the
application of this section to the policy of insurance would:
(1) for a policy issued before July 1, 2025, give a right to a
beneficiary that the beneficiary was not reasonably intended to
have, other than the beneficiary's right to insurance coverage until
the time limitation described in subsection (e); or
(2) for a policy issued at any time, relieve a beneficiary from a
duty or liability imposed on the insured by the terms of the policy.
(c) The following definitions apply throughout this section:
(1) "Beneficiary" has the meaning set forth in IC 32-17-14-3(1).
(2) "Insurable interest" means an insured's interest in real or
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personal property, concerning which the insured is entitled to the
benefits of insurance coverage under a property and casualty
insurance policy or liability insurance policy.
(3) "Insured" means a person who is entitled to the benefits of
insurance coverage under a property and casualty insurance
policy or liability insurance policy.
(4) "Named insured" means a person identified by name as an
insured under a property and casualty insurance policy or liability
insurance policy.
(5) "Property and casualty insurance policy or liability insurance
policy" means a policy of insurance that is described in Class 2
2(h) or Class 3 3(a) of IC 27-1-5-1. The term does not include
a commercial lines property insurance policy.
(6) "Transfer" means an ownership change in a named insured's
insurable interest in real or personal property to a beneficiary of
a transfer on death transfer deed that occurs as a consequence of
the named insured's death.
(7) "Transferee" means a person who has acquired or received a
named insured's insurable interest in real or personal property
through a transfer.
(8) "Transfer on death transfer" deed" has the meaning set forth
in IC 32-17-14-3(17). IC 32-17-14-3(16).
(d) Subject to subsection (e), each transferee of a named insured's
insurable interest in real or personal property is also an insured to the
extent of the named insured's insurable interest in real or personal
property that the transferee has acquired or received through a transfer.
(e) Except as provided in subsections (f) and (g) and IC 32-38-3-1,
for a period of sixty (60) days immediately following the death of the
insured, each transferee is an insured under a property and casualty
insurance policy or liability insurance policy insuring the real or
personal property the transferee acquired or received through a
transfer. At the time of the insured's death, the transferee succeeds to
the rights and obligations of the insured under the property and
casualty insurance policy or liability insurance policy, to the extent of
the insured's insurable interest in real or personal property that the
transferee has acquired or received through a transfer, for the sixty (60)
day period.
(f) If a property and casualty insurance policy or liability insurance
policy has a policy expiration date that is less than sixty (60) days after
the death of the insured, insurance coverage continues for either:
(1) thirty (30) days; or
(2) the policy expiration date;
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whichever is later.
(g) If a transferee obtains a property and casualty insurance policy
or liability insurance policy insuring the real or personal property the
transferee acquired or received through a transfer, the transferee is not
an insured on the insurance policy described in subsection (e) once the
transferee's property and casualty insurance policy or liability insurance
policy becomes effective.
SECTION 2. IC 32-17-14-11, AS AMENDED BY P.L.99-2024,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) A transfer on death deed transfers the
interest provided to the beneficiary if the transfer on death deed is:
(1) executed by the owner or owner's legal representative; and
(2) recorded with the recorder of deeds in the county in which the
real property is situated before the death of the owner.
(b) A transfer on death deed is void if it is not recorded with the
recorder of deeds in the county in which the real property is situated
before the death of the owner.
(c) A transfer on death deed is not required to be supported by
consideration or delivered to the grantee beneficiary.
(d) A transfer on death deed may be used to transfer an interest in
real property to either a revocable or an irrevocable trust.
(e) If the owner records a transfer on death deed, the effect of the
recording the transfer on death deed is determined as follows:
(1) If the owner's interest in the real property is as a tenant by the
entirety, the conveyance is inoperable and void unless the other
spouse joins in the conveyance.
(2) If the owner's interest in the real property is as a joint tenant
with rights of survivorship, the conveyance severs the joint
tenancy and the cotenancy becomes a tenancy in common.
(3) If the owner's interest in the real property is as a joint tenant
with rights of survivorship and the property is subject to a
beneficiary designation, a conveyance of any joint owner's interest
has no effect on the original beneficiary designation for the
nonsevering joint tenant.
(4) If the owner's interest is as a tenant in common, the owner's
interest passes to the beneficiary as a transfer on death transfer.
(5) If the owner's interest is a life estate determined by the owner's
life, the conveyance is inoperable and void.
(6) If the owner's interest is any other interest, the interest passes
in accordance with this chapter and the terms and conditions of
the conveyance establishing the interest. If a conflict exists
between the conveyance establishing the interest and this chapter,
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the terms and conditions of the conveyance establishing the
interest prevail.
(f) A beneficiary designation in a transfer on death deed may be
worded in substance as "(insert owner's name) conveys and warrants
(or quitclaims) to (insert owner's name), TOD to (insert beneficiary's
name)". This example is not intended to be exhaustive.
(g) A transfer on death deed using the phrase "pay on death to" or
the abbreviation "POD" may not be construed to require the liquidation
of the real property being transferred.
(h) This section does not preclude other methods of conveying real
property that are permitted by law and have the effect of postponing
enjoyment of an interest in real property until after the death of the
owner. This section applies only to transfer on death deeds and does
not invalidate any deed that is otherwise effective by law to convey title
to the interest and estates provided in the deed.
(i) The endorsement of the county auditor under IC 36-2-11-14 and
IC 36-2-9-18 is necessary to record a transfer on death deed under this
section.
(j) For a transfer on death deed executed after December 31, 2024,
June 30, 2025, the transfer on death deed may include the following
warning:
"WARNING: After the death of the owner, the owner's insurance
policy is required by IC 27-1-13-18 to cover the real property
transferred for a period of time as set forth in IC 27-1-13-18(e)
and IC 27-1-13-18(f). Once the period of time as set forth in
IC 27-1-13-18(e) and IC 27-1-13-18(f) expires, the insurance
policy may no longer cover the real property and the beneficiary
of a transfer on death deed and the real property may become
uninsured.".
A transfer on death deed is not invalid due to the failure to include the
warning described in this subsection, or due to a defect in the wording
of the warning described in this subsection.
HEA 1213 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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