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Home→Tools→Beneficiary Designation Checker→Indiana

Are Beneficiary Designations Protected in Indiana?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death.IC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5; IC 34-55-10-2; IC 29-1-2-12.1; IC 29-1-3Verified Apr 14, 2026 These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Yes. Indiana automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: tod accounts, pod accounts.IC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5; IC 34-55-10-2; IC 29-1-2-12.1; IC 29-1-3Verified Apr 14, 2026 However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Indiana does not provide specific creditor protection for inherited IRAs.IC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5; IC 34-55-10-2; IC 29-1-2-12.1; IC 29-1-3Verified Apr 14, 2026 Following the Supreme Court's Clark v. Rameker (2014) decision, inherited IRAs are generally not protected in bankruptcy proceedings in states without their own protective statutes.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Indiana automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Indiana's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Indiana inheritance calculator.

No. Indiana does not default to per stirpes for beneficiary designations.IC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5; IC 34-55-10-2; IC 29-1-2-12.1; IC 29-1-3Verified Apr 14, 2026 If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Beneficiary Rules in Indiana

Indiana automatically revokes an ex-spouse as beneficiary upon divorce (YesIC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5Verified Apr 14, 2026). This applies to state-governed assets such as life insurance and POD accounts, but not ERISA-governed employer plans. Automatic revocation does not extend to federally governed accounts.

Spousal consent for beneficiary designations in Indiana is limited to ERISA-governed qualified plans under federal law. State-level consent requirements do not apply in non-community property states. Use the Indiana inheritance calculator to see how assets without valid designations are distributed.

Inherited IRA creditor protection in Indiana is No creditor protectionIC 34-55-10-2Verified Apr 14, 2026. Since the Supreme Court ruled in Clark v. Rameker (2014) that inherited IRAs are not protected under federal bankruptcy law, state statutes are the primary source of protection.

Indiana's per stirpes default is No. Without contingent beneficiaries, a lapsed designation routes assets through probate. Estimate coverage needs with the Indiana life insurance calculator.

SimplyTrustSimplyTrust Editorial·Updated April 14, 2026

Legal Sources

  • IC 29-1-5-8; IC 32-17-14-23; IC 32-17-14-2(c); IC 32-17-14-2.5
  • IC 34-55-10-2

Data sourced from Indiana statutes and official state code. How we research.

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