CHAPTER 11. MULTIPLE PARTY ACCOUNTS
IC 32-17-11
Chapter 11. Multiple Party Accounts
IC 32-17-11-1
"Account" defined
Sec. 1. (a) As used in this chapter, "account" means a contract of
deposit of funds between a depositor and a financial institution.
(b) The term includes a checking account, savings account,
certificate of deposit, share account, and other like arrangement.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-2
"Beneficiary"defined
Sec. 2. As used in this chapter, "beneficiary" means a person
named in a trust account as one for whom a party to the account is
named as trustee.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-3
"Financial institution" defined
Sec. 3. (a) As used in this chapter, "financial institution" means
any organization authorized to do business in Indiana under IC 28 or
federal law relating to financial institutions.
(b) The term includes the following:
(1) Banks and trust companies.
(2) Building and loan associations.
(3) Industrial loan and investment companies.
(4) Savings banks.
(5) Credit unions.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-4
"Joint account" defined
Sec. 4. As used in this chapter, "joint account" means an account
payable on request to one (1) or more of two (2) or more parties
whether or not mention is made of any right of survivorship.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-5
"Multiple party account" defined
Sec. 5. (a) As used in this chapter, "multiple party account" means
any of the following types of accounts:
(1) A joint account.
(2) A trust account.
(b) The term does not include accounts established for deposit of
funds of a partnership, joint venture, or other association for business
purposes, or accounts controlled by one (1) or more persons as the
duly authorized agent or trustee for a corporation, unincorporated
association, charitable or civic organization, or a regular fiduciary or
trust account where the relationship is established other than by
deposit agreement.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.33.
IC 32-17-11-6
"Net contribution" defined
Sec. 6. As used in this chapter, "net contribution" of a party to a
joint account as of any given time means the sum of:
(1) all deposits made by or for the party; minus
(2) all withdrawals made by or for the party that have not been
paid to or applied to the use of any other party; plus
(3) a pro rata share of any interest or dividends included in the
current balance.
The term includes any proceeds of deposit life insurance added to the
account by reason of the death of the party whose net contribution is
in question.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-7
"Party" defined
Sec. 7. (a) As used in this chapter, "party" means a person who,
by the terms of the account, has a present right, subject to request, to
payment from a multiple party account. A beneficiary of a trust
account is a party only after the account becomes payable to the
payee or beneficiary by reason of the payee's or beneficiary's
surviving the original payee or trustee.
(b) Unless the context otherwise requires, the term includes a
guardian, conservator, personal representative, or assignee, including
an attaching creditor, of a party. The term also includes a person
identified as a trustee of an account for another whether or not a
beneficiary is named.
(c) The term does not include:
(1) any named beneficiary unless the beneficiary has a present
right of withdrawal; or
(2) a person who is merely authorized to make a request as the
agent of another.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.34.
IC 32-17-11-8
"Payment" defined
Sec. 8. As used in this chapter, "payment" of sums on deposit
includes the following:
(1) Withdrawal.
(2) Payment on check or other directive of a party.
(3) Any pledge of sums on deposit by a party.
(4) Any set-off, reduction, or other disposition of all or part of
any account pursuant to a pledge.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-9
"Proof of death" defined
Sec. 9. As used in this chapter, "proof of death" includes a death
certificate, an affidavit of death, or a record or report that is prima
facie proof of death under IC 29-2-6, IC 29-2-7 (before its repeal), or
IC 29-2-14.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-10
Repealed
(Repealed by P.L.143-2009, SEC.52.)
IC 32-17-11-11
Repealed
(Repealed by P.L.143-2009, SEC.52.)
IC 32-17-11-12
"Request" defined
Sec. 12. As used in this chapter, "request" means:
(1) a proper request for withdrawal; or
(2) a check or order for payment;
that complies with all conditions of the account, including special
requirements concerning necessary signatures and regulations of the
financial institution. If the financial institution conditions withdrawal
or payment on advance notice, for purposes of this section, the
request for withdrawal or payment is treated as immediately effective
and a notice of intent to withdraw is treated as a request for
withdrawal.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-13
"Sums on deposit" defined
Sec. 13. As used in this chapter, "sums on deposit" means the
balance payable on a multiple party account, including interest,
dividends, and any deposit life insurance proceeds added to the
account by reason of the death of a party.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-14
"Trust account" defined
Sec. 14. (a) As used in this chapter, "trust account" means an
account in the name of at least one (1) party as trustee for at least one
(1) beneficiary if:
(1) the relationship is established by the form of the account
and the deposit agreement with the financial institution; and
(2) there is no subject of the trust other than the sums on deposit
in the account.
It is not essential that payment to the beneficiary be mentioned in the
deposit agreement.
(b) The term does not include the following:
(1) A regular trust account under a testamentary trust.
(2) A trust agreement that has significance apart from the
account.
(3) A fiduciary account arising from a fiduciary relation such as
attorney-client.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-15
"Withdrawal" defined
Sec. 15. As used in this chapter, "withdrawal" includes payment
to a third person pursuant to a check or other directive of a party.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-16
Application of certain sections
Sec. 16. (a) The provisions of sections 17, 18, and 19 of this
chapter concerning beneficial ownership as between parties, or as
between parties and beneficiaries of multiple party accounts:
(1) apply only to controversies between:
(A) the parties or the beneficiaries of multiple party
accounts; and
(B) creditors and other successors of:
(i) the parties; or
(ii) the beneficiaries of multiple party accounts; and
(2) do not affect the power of withdrawal of the parties or the
beneficiaries of multiple party accounts as determined by the
terms of account contracts.
(b) The provisions of sections 22 through 27 of this chapter
govern the liability and set-off rights of financial institutions that
make payments under sections 22 through 27 of this chapter.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.35.
IC 32-17-11-17
Ownership of accounts
Sec. 17. (a) Unless there is clear and convincing evidence of a
different intent, during the lifetime of all parties, a joint account
belongs to the parties in proportion to the net contributions by each
party to the sums on deposit.
(b) Unless:
(1) a contrary intent is manifested by the terms of the account
or the deposit agreement; or
(2) there is other clear and convincing evidence of an
irrevocable trust;
a trust account belongs beneficially to the trustee during the trustee's
lifetime. If at least two (2) parties are named as trustee on the
account, subsection (a) governs the beneficial rights of the trustees
during their lifetimes. If there is an irrevocable trust, the account
belongs beneficially to the beneficiary.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.36.
IC 32-17-11-18
Ownership of accounts at death of party, original payee, or trustee
Sec. 18. (a) Sums remaining on deposit at the death of a party to
a joint account belong to the surviving party or parties as against the
estate of the decedent unless there is clear and convincing evidence
of a different intention at the time the account is created. If there are
at least two (2) surviving parties, their respective ownerships during
lifetime are:
(1) in proportion to their previous ownership interests under
section 17 of this chapter; and
(2) augmented by an equal share for each survivor of any
interest the decedent may have owned in the account
immediately before the person's death.
The right of survivorship continues between the surviving parties.
(b) If the account is a trust account, on death of the trustee or the
survivor of at least two (2) trustees, any sums remaining on deposit
belong to the person or persons named as beneficiaries who survive
the trustee, unless there is clear and convincing evidence of a
contrary intent. If at least two (2) beneficiaries survive, there is no
right of survivorship between the beneficiaries unless the terms of
the account or deposit agreement expressly provide for survivorship.
(c) Except as provided in subsections (a) and (b), the death of any
party to a multiple party account has no effect on beneficial
ownership of the account other than to transfer the rights of the
decedent as part of the decedent's estate.
(d) A right of survivorship arising:
(1) from the express terms of the account; or
(2) under:
(A) this section; or
(B) a beneficiary designation in a trust account;
cannot be changed by will.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.37.
IC 32-17-11-19
Rights of survivorship
Sec. 19. (a) The provisions of section 18 of this chapter as to
rights of survivorship are determined by the form of the account at
the death of a party.
(b) The form of an account may be altered by written order given
by a party to the financial institution to:
(1) change the form of the account; or
(2) stop or vary payment under the terms of the account.
(c) An order or request described in subsection (b) must be:
(1) signed by a party;
(2) received by the financial institution during the party's
lifetime; and
(3) not countermanded by another written order of the same
party during the party's lifetime.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-20
Certain transfers not testamentary
Sec. 20. Any transfers resulting from the application of section 18
of this chapter are:
(1) effective by reason of:
(A) the account contracts involved; and
(B) this chapter; and
(2) not to be considered as:
(A) testamentary; or
(B) subject to IC 29.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-21
Repealed
(Repealed by P.L.165-2002, SEC.15.)
IC 32-17-11-21.1
Liability for creditor claims and statutory allowances; applicable
law
Sec. 21.1. The liability of a surviving party or beneficiary for
creditor claims and statutory allowances is determined under
IC 32-17-13.
As added by P.L.165-2002, SEC.12. Amended by P.L.143-2009,
SEC.38.
IC 32-17-11-22
Payments; multiple party accounts
Sec. 22. (a) Financial institutions may enter into multiple party
accounts to the same extent that they may enter into single party
accounts.
(b) Any multiple party account may be paid, on request, to any
one (1) or more of the parties.
(c) For purposes of establishing net contributions, a financial
institution is not required to inquire as to:
(1) the source of funds received for deposit to a multiple party
account; or
(2) the proposed application of any sum withdrawn from an
account.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-23
Payments; joint accounts
Sec. 23. (a) Except as provided in subsection (b), any sums in a
joint account may be paid, on request, to any party without regard to
whether any other party is incapacitated or deceased at the time the
payment is demanded.
(b) Payment may not be made to the personal representative or
heirs of a deceased party unless:
(1) proofs of death are presented to the financial institution
showing that the decedent was the last surviving party; or
(2) there is no right of survivorship under section 18 of this
chapter.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-24
Repealed
(Repealed by P.L.143-2009, SEC.52.)
IC 32-17-11-25
Payments; trust accounts
Sec. 25. A trust account may be paid, on request:
(1) to any trustee;
(2) unless the financial institution has received written notice
that the beneficiary has a vested interest not dependent upon the
beneficiary surviving the trustee, if proof of death is presented
to the financial institution showing that the decedent was the
survivor of all other persons named on the account either as
trustee or beneficiary, to the personal representative or heirs of
a deceased trustee; and
(3) upon presentation to the financial institution of proof of
death showing that the beneficiary or beneficiaries survived all
persons named as trustee, to the beneficiary or beneficiaries.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-26
Payments; discharge of financial institutions from all claims
Sec. 26. (a) Payment made under section 22, 23, or 25 of this
chapter discharges the financial institution from all claims for
amounts paid whether or not the payment is consistent with the
beneficial ownership of the account as between parties, beneficiaries,
or their successors.
(b) The protection provided under this section does not extend to
payments made after a financial institution has received written
notice from any party able to request present payment to the effect
that withdrawals in accordance with the terms of the account should
not be permitted.
(c) Unless a notice described in subsection (b) is withdrawn by
the person giving it, the successor of any deceased party must concur
in any demand for withdrawal if the financial institution is to be
protected under this section.
(d) No other notice or any other information shown to have been
available to a financial institution affects the institution's right to the
protection provided under this section.
(e) The protection provided under this section does not affect the
rights of parties in disputes between themselves or their successors
concerning the beneficial ownership of funds in or withdrawn from
multiple party accounts.
As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.39.
IC 32-17-11-27
Right of financial institutions to set off against accounts
Sec. 27. (a) Without qualifying any other statutory right to set off
or lien and subject to any contractual provision, if a party to a
multiple party account is indebted to a financial institution, the
financial institution has a right to set off against the account in which
the party has, or had immediately before the party's death, a present
right of withdrawal.
(b) The amount of the account subject to set off as described in
subsection (a) is that proportion to which the debtor is, or was
immediately before the debtor's death, beneficially entitled.
(c) In the absence of proof of net contributions, the amount of the
account subject to set off as described in subsection (a) is an equal
share with all parties having present rights of withdrawal.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-28
Provisions in certain agreements nontestamentary; creditors'
rights
Sec. 28. (a) Any of the following provisions in an insurance
policy, contract of employment, bond, mortgage, promissory note,
deposit agreement, pension plan, trust agreement, conveyance, or any
other written instrument effective as a contract, gift, conveyance, or
trust is considered to be nontestamentary, and this title and IC 29 do
not invalidate the instrument or any provision:
(1) That money or other benefits due to, controlled, or owned
by a decedent before the person's death shall be paid after the
person's death to a person designated by the decedent in either
the instrument or a separate writing, including a will, executed
at the same time as the instrument or subsequently.
(2) That any money due or to become due under the instrument
shall cease to be payable in event of the death of the promisee
or the promisor before payment or demand.
(3) That any property that is the subject of the instrument shall
pass to a person designated by the decedent in either the
instrument or a separate writing, including a will, executed at
the same time as the instrument or subsequently.
(b) This section does not limit the rights of creditors under other
Indiana laws.
As added by P.L.2-2002, SEC.2.
IC 32-17-11-29
Personal property owned as tenants in common; exceptions
Sec. 29. (a) This section does not apply to an account.
(b) Except as provided in subsection (c), personal property that is
owned by two (2) or more persons is owned by them as tenants in
common unless expressed otherwise in a written instrument.
(c) Upon the death of either husband or wife:
(1) household goods:
(A) acquired during marriage; and
(B) in possession of both husband and wife; and
(2) any:
(A) promissory note;
(B) bond;
(C) certificate of title to a motor vehicle; or
(D) other written or printed instrument;
evidencing an interest in tangible or intangible personal
property in the name of both husband and wife;
becomes the sole property of the surviving spouse unless a clear
contrary intention is expressed in a written instrument.
As added by P.L.2-2002, SEC.2.