Indiana Code
Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances
32-17-13-3. Priority of Liability to Probate Estate

Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order:
(1) As provided in the deceased transferor's will or other governing instrument.
(2) To the extent of the value of the nonprobate transfer received or controlled by the trustee of trusts that can be amended, modified, or revoked by the decedent during the deceased transferor's lifetime. If there is more than one (1) such trust, in proportion to the relative value of the trusts.
(3) Other nonprobate transferees in proportion to the values received.
As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.17.

<< Previous

Next >>

Structure Indiana Code

Indiana Code

Title 32. Property

Article 17. Interests in Property

Chapter 13. Liability of Nonprobate Transferees for Creditor Claims and Statutory Allowances

32-17-13-1. "Nonprobate Transfer"; Transfers Involving Multiple Party Accounts, Motor Vehicles, and Watercraft

32-17-13-2. "Claimant"; "Nonprobate Transferee"; Liability of Nonprobate Transferee

32-17-13-3. Priority of Liability to Probate Estate

32-17-13-4. Beneficiary Interests in Trusts

32-17-13-5. Apportionment of Liability by Instrument