Indiana Code
Chapter 14. Transfer on Death Property Act
32-17-14-16. Changing or Revoking a Beneficiary Designation

Sec. 16. (a) A beneficiary designation may be revoked or changed during the lifetime of the owner.
(b) A revocation or change of a beneficiary designation involving property owned as tenants by the entirety must be made with the agreement of both tenants for so long as both tenants are alive. After an individual dies owning as a tenant by the entirety property that is subject to a beneficiary designation, the individual's surviving spouse may revoke or change the beneficiary designation.
(c) A revocation or change of a beneficiary designation involving property owned in a form of ownership (other than as tenants by the entirety) that restricts conveyance of the interest unless another person joins in the conveyance must be made with the agreement of each living owner required to join in a conveyance.
(d) A revocation or change of a beneficiary designation involving property owned by joint owners with a right of survivorship must be made with the agreement of each living owner.
(e) A subsequent beneficiary designation revokes a prior beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise.
(f) A revocation or change in a beneficiary designation must comply with the terms of any governing instrument, this chapter, and any other applicable law.
(g) A beneficiary designation may not be revoked or changed by a will or trust unless the beneficiary designation expressly grants the owner the right to revoke or change the beneficiary designation by a will or trust.
(h) A transfer during the owner's lifetime of the owner's interest in the property, with or without consideration, terminates the beneficiary designation with respect to the property transferred. However, if the owner's interest is in real property, the deed of conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated.
(i) The effective date of a revocation or change in a beneficiary designation is determined in the same manner as the effective date of a beneficiary designation.
(j) An owner may revoke a beneficiary designation made in a transfer on death deed by executing and recording before the death of the owner with the recorder of deeds in the county in which the real property is situated either:
(1) a subsequent deed of conveyance revoking, omitting, or changing the beneficiary designation; or
(2) an affidavit acknowledged or proved under IC 32-21-2-3 that revokes or changes the beneficiary designation.
A deed of conveyance or affidavit described in this subsection is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated.
(k) A physical act, such as a written modification on or the destruction of a transfer on death deed after the transfer on death deed has been recorded, has no effect on the beneficiary designation.
(l) A transfer on death deed may not be revoked or modified by will or trust.
As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.32; P.L.231-2019, SEC.44.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 17. Interests in Property

Chapter 14. Transfer on Death Property Act

32-17-14-0.2. Application of Prior Law

32-17-14-1. Citation

32-17-14-2. Applicability

32-17-14-2.1. Application of Chapter to Preexisting Transfer on Death Transfers

32-17-14-2.5. Applicability

32-17-14-3. Definitions

32-17-14-4. Transfers That Are Not Considered Transfer on Death Transfers; Beneficiary Designation Requirements and Form

32-17-14-5. General Rules Concerning Transfer on Death Transfers

32-17-14-6. Authority of a Transferring Entity

32-17-14-7. Agreement Between Owner and Transferring Entity

32-17-14-8. Transferring Entity's Acceptance of a Beneficiary Designation

32-17-14-9. Beneficiary Designation; Effects; Requirements

32-17-14-10. Assignment of Contract Rights

32-17-14-11. Transfer on Death Deeds

32-17-14-12. Transfer on Death Transfers of Tangible Personal Property

32-17-14-13. Direct Transfer to a Transferee to Hold as Owner in Beneficiary Form

32-17-14-14. Registration in Beneficiary Form

32-17-14-15. Beneficiary's Rights Before the Death of the Owner; Effect of the Death of a Joint Owner

32-17-14-16. Changing or Revoking a Beneficiary Designation

32-17-14-17. Powers of an Attorney in Fact, a Guardian, a Conservator, or an Agent

32-17-14-18. Lost, Destroyed, Damaged, or Involuntarily Converted Property Subject to a Beneficiary Designation

32-17-14-19. Effect of Conveyances, Assignments, Contracts, Set Offs, Licenses, Easements, Liens, and Security Interests

32-17-14-20. Beneficiary Required to Survive the Owner

32-17-14-21. Trusts as Designated Beneficiaries

32-17-14-22. Substitution for Designated Beneficiaries Who Do Not Survive the Owner

32-17-14-23. Effect of Dissolution or Annulment

32-17-14-24. Fraud, Duress, Undue Influence, Mistake, or Lack of Capacity

32-17-14-25. Rights of Surviving Spouses and Children

32-17-14-26. General Rules Applying to a Beneficiary Designation

32-17-14-27. Powers and Duties of a Transferring Entity

32-17-14-28. Effect of Improper Distributions

32-17-14-29. Creditors of an Owner

32-17-14-30. Change in the Beneficiary Designation, Residency of the Owner, or Location of the Transferring Entity or Property

32-17-14-31. Duties of the Probate Court

32-17-14-32. Out-of-State Beneficiary Designations