How Indiana law treats jointly held bank accounts and property when someone dies without a will

Short answer: In Indiana, how an asset passes at death usually depends on how it is titled. Joint accounts or property that carry a clear right of survivorship usually pass automatically to the surviving owner outside probate. Assets titled only in the decedent’s name generally become part of the probate estate and pass according to Indiana’s intestacy rules (Indiana Code Title 29, Article 1, Chapter 2). Payable-on-death (POD) or transfer-on-death (TOD) designations and beneficiary designations also avoid probate and control who receives the asset.

Detailed answer — what typically happens and why

1. Who controls the asset on death: title and beneficiary designations

The primary rule is simple: ownership and beneficiary designations at the time of death usually determine who gets the asset — not the will and not necessarily intestacy. That means:

If an account or deed expressly names a surviving owner or beneficiary (for example, a bank account titled “A and B, with right of survivorship” or an account with a named POD payee), the asset commonly passes to that survivor or beneficiary automatically.
If the asset is titled only in the decedent’s name and no valid beneficiary exists, the asset is part of the decedent’s probate estate and will be distributed according to Indiana’s intestate succession rules.

2. Joint bank accounts

There are several common forms of bank account ownership; the legal effect at death depends on the wording on the bank records and the bank’s policies.

Joint account with right of survivorship (JTWROS or similar): When the account is explicitly a joint account with survivorship rights, the surviving joint owner typically becomes the sole owner automatically. The bank will normally require a certified death certificate and identification before allowing withdrawals or changing the account title.
Joint account without explicit survivorship language: If the title is ambiguous, banks and courts look to the account agreement, the bank’s procedures, and the parties’ intent. Ambiguity can lead to disagreement and may require a probate or court proceeding to resolve.
POD (payable-on-death) or TOD (transfer-on-death) designation: If a named payee exists, the funds pass directly to the named person outside probate when the bank receives proof of death and the beneficiary’s identity.

Example: Maria and Alan hold a joint checking account titled “Alan Jones and Maria Jones, JTWROS.” Alan dies without a will. Under typical practice, Maria provides the bank a death certificate and becomes sole owner of the account without probate.

3. Real property and other titled assets

Real estate passage depends on the deed language and how title was held at death.

Joint tenancy with right of survivorship or explicit survivorship deed language: The surviving joint tenant typically becomes sole owner by operation of law.
Tenancy in common: Each owner holds an individual share that does not automatically pass to the other co-owners. A decedent’s undivided interest held as a tenant in common passes under Indiana’s intestacy rules to heirs if there is no will.
Transfer-on-death deed (if available and properly executed): Some states permit TOD or transfer-on-death deeds for real estate so the named beneficiary receives the property without probate; check the county recorder and state statutes to confirm whether and how they apply in Indiana.

Example: Sam and Lee own a house as tenants in common. Sam dies without a will. Sam’s one-half interest becomes part of Sam’s probate estate and passes to Sam’s heirs under Indiana intestacy law unless Sam had a valid beneficiary designation or other nonprobate device.

4. Intestacy (dying without a will) — how probate distributes property

If an asset ends up in probate because it is solely titled in the decedent’s name (and no valid beneficiary designations or survivorship rights apply), Indiana’s intestate succession rules control who inherits. Those rules determine distribution to spouse, children, parents, siblings, or more distant relatives depending on who survives the decedent. See Indiana Code Title 29, Article 1, Chapter 2 for the statutory order of distribution: https://iga.in.gov/legislative/laws/2024/ic/titles/29#29-1-2

5. Practical interaction — banks, title companies, and courts

Banks and title companies follow the records shown on account statements and deeds. Even when a survivorship right exists, the institution usually requires a certified death certificate and acceptable ID before releasing funds or transferring title. If title is ambiguous or if multiple parties claim the same asset, a probate estate or court action may be necessary.

What steps should a surviving co-owner or family member take?

Obtain certified copies of the death certificate from the funeral home or county health department.
Review the account title, bank/financial institution paperwork, and the property deed. Look specifically for phrases like “with right of survivorship,” “JTWROS,” “POD,” or named beneficiaries.
Contact the bank or institution. Ask what documentation they require to transfer or close the account.
If the asset appears to be sole-property of the decedent, consult the Indiana intestacy statutes and consider whether probate is required. You may need to open a probate case in the county where the decedent lived.
If there is disagreement about ownership or title is ambiguous, consider getting legal advice promptly to avoid inappropriate withdrawals or loss of priority rights.

When to consult an attorney

Consider talking to an Indiana probate or estate attorney if you face any of these situations:

Conflicting claims from co-owners or heirs about who owns an account or a property.
Ambiguous account titling or missing beneficiary paperwork.
Large estates where tax, creditor, or complex property issues may arise.
Need to open a probate case, file a small estate affidavit, or clear title for real property.

Helpful Hints

Always obtain certified death certificates early — banks and title companies will ask for them.
Look at the exact wording on deeds and account statements; a few words (“with right of survivorship,” “POD”, “TOD”) make a big legal difference.
Beneficiary designations (life insurance, retirement accounts, POD/TOD) override wills and avoid probate if validly completed.
If you are a surviving joint owner, do not assume you can immediately use or spend funds before the bank completes its verification — doing so can create disputes or liability.
Record searches at the county recorder’s office will show how real estate is titled; don’t rely only on family recollection.
Keep records of communications with banks and professionals (dates, names, and copies of documents provided).

Relevant Indiana law and resources

Indiana Code — intestate succession (distribution rules): Indiana Code Title 29, Article 1, Chapter 2. For general probate procedures and forms, check the Indiana courts and local county probate court websites.

Closing and next steps

Ownership language controls what happens to most bank accounts and many types of property when someone dies without a will in Indiana. Survivorship titles and beneficiary designations typically move assets outside probate; assets solely in the decedent’s name go through probate and are distributed under Indiana’s intestacy laws. Because the exact wording on deeds, account agreements, and beneficiary forms determines the result, review the documents carefully and get legal help if ownership is unclear or contested.

Disclaimer: This article explains general Indiana law and is for educational purposes only. It is not legal advice. For advice about a specific situation, contact a licensed Indiana attorney.