How to Make a Valid Will in Indiana

Who Can Make a Will in Indiana?

You must be at least 18 years old to make a will in Indiana. No statutory exceptions for minors. The testator must be of sound mind (IC 29-1-5-1)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and at the testator's express direction.

Witness Requirements in Indiana

Indiana requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two witnesses who must sign in the testator's presence (IC 29-1-5-3).

Interested witnesses: An interested witness does not invalidate the will (IC 29-1-5-3)

Notarization in Indiana

Notarization is not required for a will to be valid in Indiana. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Indiana allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (IC 29-1-5-3.1)

Handwritten (Holographic) Wills

Indiana does not recognize holographic wills. Holographic wills are not recognized in Indiana

Electronic Wills

Indiana recognizes electronic wills. Indiana enacted electronic will provisions (IC 29-1-21). Electronic wills must be in an electronic record, electronically signed by the testator, and witnessed

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made in imminent peril of death, declared to be the will in the presence of two disinterested witnesses. Only for personal property up to $1,000 in value. Must be reduced to writing within 30 days (IC 29-1-5-4)

How to Revoke a Will in Indiana

In Indiana, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

IC 29-1-5-6

Special Provisions in Indiana

Indiana is a separate property/common law state. Surviving spouse has an elective share: one-half of the decedent's net estate if no surviving descendants of the decedent who are not also descendants of the spouse; otherwise varies (IC 29-1-3-1). Indiana has no state estate tax

Relevant Indiana Statutes

• IC 29-1-5-1 (Who may make a will)
• IC 29-1-5-3 (Execution of wills)
• IC 29-1-5-3.1 (Self-proved wills)
• IC 29-1-5-4 (Nuncupative wills)
• IC 29-1-5-6 (Revocation)
• IC 29-1-21 (Electronic wills)
• IC 29-1-3-1 (Elective share)