Ind. Code ch. 12-15-9

in effect

Ind. Code § 12-15-9-0.5 "Estate" and "nonprobate transfer"

Sec. 0.5. (a) As used in this chapter, "estate" includes: (1) all real and personal property and other assets included within an individual's probate estate; (2) any interest in real property owned by the individual at the time of death that was conveyed to the individual's survivor through joint tenancy with right of survivorship, if the joint tenancy was created after June 30, 2002; (3) any real or personal property conveyed through a nonprobate transfer; and (4) any sum due after June 30, 2005, to a person after the death of a Medicaid recipient that is under the terms of an annuity contract purchased after May 1, 2005, with the assets of the Medicaid recipient. (b) As used in this chapter, "nonprobate transfer" has the meaning set forth in IC 32-17-13-1. As added by P.L.152-1995, SEC.5. Amended by P.L.178-2002, SEC.82; P.L.224-2003, SEC.78; P.L.246-2005, SEC.107; P.L.149-2012, SEC.3; P.L.163-2018, SEC.1.

Ind. Code § 12-15-9-0.6 Claim against assets transferred by nonprobate transfer; time limit

Sec. 0.6. (a) This section applies to the enforcement of claims against assets transferred by a nonprobate transfer involving a deceased transferor who dies before, on, or after July 1, 2018. (b) The office's claim against assets transferred by a nonprobate transfer may be enforced as set out in IC 32-17-13. (c) Except as provided in subsection (d), enforcement of a claim against assets transferred by a nonprobate transfer must be commenced within the time limits provided in IC 32-17-13. (d) The time limits provided in subsection (c) do not apply to any assets that were not reported to the county office of the division of family resources. As added by P.L.178-2002, SEC.83. Amended by P.L.1-2003, SEC.54; P.L.145-2006, SEC.87; P.L.44-2009, SEC.12; P.L.163-2018, SEC.2; P.L.231-2019, SEC.4.

Ind. Code § 12-15-9-0.7 Repealed

As added by P.L.178-2002, SEC.84. Amended by P.L.224-2003, SEC.79. Repealed by P.L.246-2005, SEC.230.

Ind. Code § 12-15-9-0.8 Limitation on definition of estate

Sec. 0.8. Any nonprobate assets: (1) that the office determined were exempt or unavailable assets; or (2) that were transferred out of the probate estate; before May 1, 2002, may not be included in the definition of estate under this chapter. As added by P.L.178-2002, SEC.85.

Ind. Code § 12-15-9-1 Amount of claim; preference

Sec. 1. Upon the death of a Medicaid recipient, the total amount of Medicaid paid on behalf of the recipient after the recipient became fifty-five (55) years of age must be allowed as a preferred claim against the estate of the recipient in favor of the state. The affidavit of a person designated by the secretary to administer this section is evidence of the amount of the claim and is payable after the payment of the following in accordance with IC 29-1-14-9: (1) Funeral expenses for the recipient, not to exceed three hundred fifty dollars ($350). (2) The expenses of the last illness of the recipient that are authorized or paid by the office. (3) The expenses of administering the estate, including the attorney's fees approved by the court. [Pre-1992 Revision Citation: 12-1-7-25(a).] As added by P.L.2-1992, SEC.9. Amended by P.L.152-1995, SEC.6; P.L.246-2005, SEC.108; P.L.149-2012, SEC.4.

Ind. Code § 12-15-9-2 Property exempt from enforcement

Sec. 2. A claim may not be enforced against the following: (1) Real estate of a recipient while it is necessary for the support, maintenance, or comfort of the surviving spouse, a dependent child less than twenty-one (21) years of age, or a dependent who is nonsupporting because of blindness or other disability. (2) Personal property necessary for the support, maintenance, or comfort of the surviving spouse, a dependent child less than twenty-one (21) years of age, or a dependent who is nonsupporting because of blindness or other disability. (3) Personal effects, ornaments, or keepsakes of the deceased. [Pre-1992 Revision Citation: 12-1-7-25(b).] As added by P.L.2-1992, SEC.9. Amended by P.L.152-1995, SEC.7.

Ind. Code § 12-15-9-5 Claims against the estate of a recipient's spouse prohibited

Sec. 5. The office may not file a claim against the estate of a recipient's surviving spouse. As added by P.L.152-1995, SEC.8. Amended by P.L.246-2005, SEC.109; P.L.149-2012, SEC.5.

Ind. Code § 12-15-9-6 Waiver in cases of undue hardship; rules

Sec. 6. Notwithstanding sections 2 and 5 of this chapter, the office may waive the application of this chapter in cases of undue hardship. The office of the secretary shall adopt rules under IC 4-22-2 establishing criteria for hardship waivers that are consistent with guidelines of the Secretary of the United States Department of Health and Human Services. As added by P.L.152-1995, SEC.9.

Ind. Code § 12-15-9-7 Reimbursement; proceeds of annuity contracts

Sec. 7. A person receiving beneficiary payments from an annuity contract of a deceased Medicaid recipient is liable to the state for reimbursement of Medicaid benefits: (1) paid to; or (2) on behalf of; the deceased Medicaid recipient to the extent of any payments that are received by the person under a annuity contract purchased after May 1, 2005. As added by P.L.246-2005, SEC.110.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026