Sec. 10. (a) If the personal representative of a deceased transferor's probate estate commences a separate proceeding under this chapter and recovers all or part of the value of the nonprobate transfer from the nonprobate transferees, the personal representative must: (1) include the value in the inventory of the deceased transferor's probate estate; and (2) pay or distribute the value as the personal representative would pay or distribute other assets of the deceased transferor's probate estate. (b) If: (1) the personal representative of a deceased transferor's probate estate declines or fails to commence a proceeding under this chapter after receiving written demand; (2) the person making the written demand commences a timely and proper action under this chapter; and (3) the person making the written demand recovers all or part of the value of the nonprobate transfer from the nonprobate transferees; the person making the written demand may retain the recovered value without remitting it to the personal representative of the deceased transferor's probate estate. (c) If one (1) or more claimants of the deceased transferor's estate intervenes in the separate proceeding, the court shall enter an order allocating the recovered value among the plaintiff and other claimants according to the priorities of their claims in the deceased transferor's estate, and allow the plaintiff to retain plaintiff's costs and reasonable attorney's fees from the recovered value. (d) Any claimant that recovers assets under this section must file a satisfaction or partial satisfaction of the claimant's claim in the deceased transferor's probate estate to the extent of the recovered value within thirty (30) days after the recovery. IC 32-17-14 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 grantee to hold as owner in beneficiary form; transfer instrument requirements 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
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