Detailed answer — overview and Indiana law context

When a person dies owning property with a right of survivorship (for example, a joint bank account titled “John Doe and Jane Doe, joint tenants with right of survivorship” or a deed stating joint tenancy with rights of survivorship), that property generally passes automatically to the surviving joint owner outside of probate. In other words, those assets typically are not part of the decedent’s probate estate and usually are not listed as estate assets subject to administration.

Indiana’s probate laws are organized under Title 29 of the Indiana Code (Probate). For the general framework on administration and property subject to probate, see Indiana Code, Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/29. The code explains what property passes under probate administration and the duties of a personal representative.

Practical rule

If the asset truly passed by operation of law at death (survivorship language on a deed or a payable‑on‑death/transfer‑on‑death designation for accounts or securities), you normally do NOT include that property on the probate inventory as an estate asset because the asset never became property of the estate.

Important exceptions and qualifications

• Fraudulent transfer or constructive trust claims: If the decedent added a joint owner close to death to defeat creditors (a transfer made with intent to defraud creditors) or the court finds the transfer created a constructive trust, the property may be treated as part of the estate and should be disclosed. Courts examine the facts — contribution to purchase, intent, timing, and purpose.
• Disputed title: If ownership or survivorship is unclear (conflicting documents, ambiguous deed language, or a bank disputes the right of survivorship), you may need to list the asset on the inventory or notify the court while the issue is resolved.
• Assets that provide benefits to the estate: Even where survivorship exists, if the asset generated income owed to the estate or was used to pay funeral or estate expenses before transfer, disclosure and accounting may be required.
• Local court rules and forms: Some probate courts ask for full disclosure of known assets (including non‑probate assets) on the initial filings or inventories to give a clear picture for creditors and interested parties. Follow the local court’s inventory instructions.

If you are the personal representative (executor/administrator)

Steps to take:

1. Review titles and account agreements. Confirm whether the asset is titled with explicit survivorship language or has a named beneficiary or POD/TOD designation.
2. Obtain and keep certified copies of the death certificate and originals or certified copies of deeds/account agreements.
3. Ask the institution (bank, brokerage, county recorder) how it handles survivorship transfers and what documentation it requires (often a death certificate and an affidavit of survivorship or a certified copy of court appointment if the transfer is contested).
4. If you open probate and prepare an inventory, follow the court’s inventory instructions. If uncertain whether to list a specific asset, disclose it in a short explanatory paragraph on the inventory (for example, “Account X: joint account with right of survivorship — passed to surviving joint owner outside probate”), or attach a separate schedule. That approach prevents accusations of concealment.
5. If creditors raise claims or if you suspect the transfer may be avoidable, consult a probate attorney promptly for advice on disclosure and potential claims.

Helpful hints

• Check the title: Survivorship usually appears in the deed or account title (“JTWROS,” “joint tenants with rights of survivorship,” “payable on death,” “transfer on death”). If you see those words, the asset likely passed outside probate.
• Do not assume: Banks sometimes freeze accounts until they see a death certificate and proof of authority. Confirm institution procedures early to avoid delays.
• Document everything: Keep copies of deeds, beneficiary forms, account contracts, and correspondence with institutions. That paperwork proves the asset passed outside probate if questions arise.
• Err on the side of disclosure: If you are administering an estate and uncertain whether an item should be on the inventory, list it with an explanatory note. Courts prefer transparency over inadvertent concealment.
• Beware creditor issues: Creditors may attempt to reach assets moved to a joint account shortly before death. Timing and intent matter; preserve evidence of how and when funds were contributed.
• Small estates and affidavits: Indiana has procedures for collecting certain assets outside formal probate when the estate value is small. Ask the court clerk or an attorney whether a small‑estate affidavit applies in your situation.
• Get local advice: Probate practice can vary by county. Local clerks or a probate attorney can confirm the county court’s inventory form and filing requirements.
• When in doubt, consult a lawyer: This article explains general principles. Specific facts can change the legal treatment of an asset; a lawyer can advise based on the complete fact pattern.