A flexible standard for survivorship intent
Under IC 32-17-2-1(c)(2), a deed to two or more people is presumed to create a tenancy in common — no survivorship — unless the tenor of the instrument manifestly conveys an intent to create a joint tenancy. Unlike some states that require exact magic words, Indiana courts have looked at the document's overall intent: in one Indiana Court of Appeals case, a deed that incorrectly labeled two brothers as holding property "by the entireties" — a form legally available only to married couples — was still held sufficient to manifest an intent to create a joint tenancy with survivorship. See our full breakdown of Indiana joint property and tenancy by the entirety rules.
Married couples get automatic survivorship
Real estate conveyed to a married couple is presumed to be held as tenants by the entirety, which carries automatic survivorship and shields the property from the individual debts of just one spouse. This presumption applies unless the deed's terms clearly show the couple intended something else.
A broad TOD deed — with a catch
Indiana's Transfer on Death Property Act (IC 32-17-14) covers more than just real estate — also bank accounts, securities, and even untitled tangible personal property. But there's a distinctive catch for jointly held real estate: recording a TOD deed on property you already hold in joint tenancy severs that joint tenancy as to your own share, converting it to a tenancy in common. See our full guide to the Indiana TOD deed for how this plays out, and what it means for married couples specifically.
Bank accounts default to survivorship
Indiana bank accounts work the opposite way from real estate. Under Indiana's Non-Probate Transfer Act, funds remaining on deposit at a party's death belong to the surviving party or parties by default — unless there's clear and convincing evidence the account holders intended something different when the account was created. See our guide to Indiana beneficiary and P.O.D. accounts.
Where this feeds into other Indiana calculators
The probate-estate total from this tool is the starting point for Indiana's probate cost and executor fee calculators, and for checking Indiana's small estate affidavit. Indiana repealed its inheritance tax effective January 1, 2013, and has no separate state estate tax, so this total doesn't feed into a state death tax calculation.