Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Identify the Vehicle’s Ownership at Time of Death
Review the certificate of title issued by the Indiana Bureau of Motor Vehicles. Under Indiana Code Title 9, Article 17 (IC 9-17), a vehicle titled solely in the decedent’s name is presumed part of the probate estate. If the decedent held the vehicle as the sole owner on the date of death, it must be administered through probate unless it qualifies for a simplified small‐estate procedure.
2. Joint Ownership and Beneficiary Designation
If the certificate lists joint owners with rights of survivorship (for example, a surviving spouse), the vehicle automatically passes to the surviving owner and does not enter probate. Indiana does not offer a formal “transfer on death” beneficiary registration for vehicles. Instead, joint titling is the primary nonprobate mechanism (IC 9-17-2-6).
3. Inter Vivos Transfers and Fraudulent Conveyances
Gifts or sales of a vehicle made by the decedent before death may raise questions. Under the Indiana Uniform Fraudulent Transfer Act, IC 32-18.5, transfers made with the intent to hinder creditors can be set aside. If a vehicle was genuinely sold or gifted more than four years before death without fraud, it generally remains outside the probate estate.
4. Using Affidavits in Small Estates
Vehicles in estates where the total personal property value does not exceed $50,000 may be distributed using a small‐estate affidavit under IC 29-1-8 (IC 29-1-8). An heir or beneficiary can file this affidavit with the BMV to transfer title without formal probate. The affidavit must state the estate’s value, the decedent’s heirs, and that 30 days have passed since death.
Helpful Hints
- Always obtain a certified copy of the decedent’s death certificate before filing any documents with the BMV.
- Check the title’s exact wording—“joint tenant” or “with right of survivorship” language is key for nonprobate transfer.
- Gather evidence of any inter vivos sale or gift, including bills of sale or gift letters, to avoid probate disputes.
- Verify the estate’s total personal property value to see if you qualify for the small‐estate affidavit procedure.
- Consult an Indiana attorney when a vehicle’s ownership history or transfer timing is unclear.