DocDraft Logo

Indiana Last Will and Testament

An Indiana last will needs 2 witnesses and does not recognize handwritten (holographic) wills. Make a free Indiana will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor or personal representative, who will administer your estate. It can also name a guardian for any minor children. In Indiana a will is valid only if the testator (the person making the will) signs it in the presence of at least two attesting witnesses, who then sign in the presence of the testator and each other, under Ind. Code Section 29-1-5-3. Indiana follows a purging rule for interested witnesses: if a witness is also a beneficiary, the gift to that witness is void, but the witness still keeps up to the value of the intestate share they would have received had there been no will (Ind. Code Section 29-1-5-2). Indiana recognizes a self-proving affidavit under Ind. Code Section 29-1-5-3.1, and unusually, that affidavit does not need to be notarized; the testator and witnesses sign it under the penalties for perjury instead. Indiana does not recognize a handwritten, unwitnessed (holographic) will (Ind. Code Section 29-1-5-2). To make a will you must be at least 18 years old, or younger if you are a member of the armed forces or merchant marine, and of sound mind (Ind. Code Section 29-1-5-1). Attorney review is available as an option before you sign.

0/5000

Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor (personal representative) who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Indiana requires 2 attesting witnesses. Under Ind. Code Section 29-1-5-3 the testator must sign, or acknowledge a signature already made, in the presence of at least two witnesses, who then sign in the presence of the testator and each other. A beneficiary who also serves as a witness (an interested witness) does not void the will, but under Ind. Code Section 29-1-5-2 the gift to that witness is void except up to the value of the intestate share they would otherwise have received.

  3. 3

    A self-proving affidavit is available and does not need a notary. Under Ind. Code Section 29-1-5-3.1 the testator and both witnesses can sign a statutory self-proving clause, attached to or incorporated into the will, that lets the will be admitted to probate without live witness testimony. Unusual for a Uniform Probate Code state, Indiana's clause is signed under the penalties for perjury rather than before a notary public.

  4. 4

    A handwritten (holographic) will is not valid in Indiana. Indiana has no statute recognizing an unwitnessed handwritten will. Every non-nuncupative will, handwritten or typed, must be signed by the testator and attested by at least two witnesses under Ind. Code Section 29-1-5-2 and Section 29-1-5-3.

  5. 5

    The will itself does not need a notary. Indiana's execution formality is witnesses, not notarization. A notary is never required to make the will valid, and, unlike most states, is not even required for Indiana's optional self-proving affidavit.

  6. 6

    You must be 18 (or a servicemember) and of sound mind. Ind. Code Section 29-1-5-1 lets any person of sound mind who is 18 or older, or who is younger and a member of the armed forces or merchant marine, make a will.

  7. 7

    A will can be revoked by a later writing or a physical act. Under Ind. Code Section 29-1-5-6 a will is revoked by destroying or mutilating it with intent to revoke, or by executing a later writing with the same signing and witnessing formalities. Under Ind. Code Section 29-1-5-8 a divorce or annulment automatically revokes any provisions in the will favoring the former spouse.

Key decisions before you file

Before you file a Last Will and Testament in Indiana, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

Customize your Last Will and Testament Template with DocDraft

INDIANA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Indiana, being of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Indiana, as the personal representative (executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, describing each item or amount and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, whatever is not specifically disposed of above, to [RESIDUARY BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will on [DATE] in the presence of the two witnesses named below, and I declare to them that this instrument is my will. Ind. Code Section 29-1-5-3 requires my signature plus the signatures of at least two witnesses, who must sign in my presence and in the presence of each other.

[TESTATOR NAME], Testator

We, the undersigned witnesses, each sign below in the presence of the testator and of each other, at the testator's request, believing the testator to be of sound mind on this date.

Witness 1 signature Witness 2 signature

Witness 1 printed name and address Witness 2 printed name and address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Indiana recognizes a self-proving affidavit under Ind. Code Section 29-1-5-3.1. Unlike most states, Indiana's statutory clause does not require a notary; the testator and both witnesses instead sign under the penalties for perjury under Indiana law.

We, the testator and the witnesses, being first duly sworn under the penalties for perjury under the laws of Indiana, declare that the testator signed and executed this instrument as the testator's will, that in the presence of both witnesses the testator signed this will or acknowledged the signature already made, that the testator executed the will as a free and voluntary act, that each witness signed the will in the presence of the testator and of each other, and that to the best of each witness's knowledge the testator was at the time eighteen (18) years of age or older (or a qualifying servicemember or merchant marine member), of sound mind, and under no constraint or undue influence.

[TESTATOR NAME], Testator Date

Witness 1 signature Date

Witness 2 signature Date

Note: This will is governed by Indiana Code Title 29, Article 1, Chapter 5 (IC 29-1-5). A beneficiary should not serve as a witness. Under Ind. Code Section 29-1-5-2 an interested witness's own gift is void except up to the value of the intestate share that witness would otherwise have received, so choose two disinterested witnesses to avoid the issue. This is an Indiana skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Indiana in about a minute, and notarize it online through DocDraft if it does.

Indiana Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

An Indiana will must be signed by the testator, or the testator must acknowledge an existing signature, in the presence of at least two witnesses, who then sign in the presence of the testator and each other. Ind. Code Section 29-1-5-3.

Avoid Interested Witnesses

A beneficiary who serves as a witness does not invalidate the will, but under Ind. Code Section 29-1-5-2 that witness's gift is void except up to the value of the intestate share the witness would have received had there been no will. Choose two disinterested witnesses to avoid the issue.

Self-Proving Affidavit Does Not Need a Notary

Indiana recognizes a self-proving affidavit under Ind. Code Section 29-1-5-3.1, but unlike most states its statutory clause is signed by the testator and both witnesses under the penalties for perjury rather than notarized. Attaching it lets the will be probated without locating the witnesses later.

Handwritten (Holographic) Wills Are Not Valid

Indiana does not recognize an unwitnessed handwritten will. Every non-nuncupative will, handwritten or typed, must be signed by the testator and attested by at least two witnesses under Ind. Code Section 29-1-5-2 and Section 29-1-5-3.

No Notary Required for the Will Itself

Indiana's execution formality for the will is witnesses, not notarization. A notary is never required to make the will itself valid, and Indiana's optional self-proving affidavit does not require one either.

Testator Must Be 18 and of Sound Mind

Any person of sound mind who is at least 18 years old, or who is younger and a member of the armed forces or merchant marine, may make a will in Indiana. Ind. Code Section 29-1-5-1.

Revoke by a Later Writing or Physical Act

A will may be revoked by destroying or mutilating it with intent to revoke, or by executing a later writing with the same signature and two-witness formalities. A divorce or annulment automatically revokes any provisions favoring the former spouse. Ind. Code Section 29-1-5-6; Section 29-1-5-8.

Name a Personal Representative (Executor)

Name a personal representative, also called an executor, to administer the estate, and consider naming a successor in case the first choice cannot serve. Indiana probate proceedings under Title 29 refer to this role as the personal representative.

Does your Last Will and Testament need to be notarized in Indiana?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Last Will and Testament

Frequently Asked Questions

An Indiana will needs at least 2 attesting witnesses under Ind. Code Section 29-1-5-3. The testator signs, or acknowledges an existing signature, in front of both witnesses, and the witnesses then sign in the presence of the testator and each other. Under Ind. Code Section 29-1-5-2, if a witness is also named as a beneficiary, that witness's gift is void except up to the value of the intestate share they would have received without the will, so choosing disinterested witnesses avoids the issue entirely.

No. An Indiana will is executed by the testator's signature plus at least two attesting witnesses, not a notary (Ind. Code Section 29-1-5-3). A notary is used only if you also attach the optional self-proving affidavit, and even then Indiana's statutory affidavit is signed under the penalties for perjury rather than acknowledged before a notary public (Ind. Code Section 29-1-5-3.1), which is unusual compared to most other states.

No. Indiana does not recognize an unwitnessed handwritten (holographic) will. Every will other than a nuncupative (oral) will must be signed by the testator and attested by at least two witnesses under Ind. Code Section 29-1-5-2 and Section 29-1-5-3, whether the document is handwritten or typed.

Write or type the will naming an executor (personal representative), your beneficiaries, and a residuary clause for anything not specifically listed. Sign it, or acknowledge your signature, in the presence of at least two witnesses, who then sign in your presence and each other's presence, per Ind. Code Section 29-1-5-3. You can also attach the statutory self-proving affidavit under Section 29-1-5-3.1 so the will can be probated without locating the witnesses later.

A valid Indiana will requires a testator who is at least 18 (or a servicemember or merchant marine member) and of sound mind (Ind. Code Section 29-1-5-1), a signature by the testator, and attestation by at least two witnesses who sign in the presence of the testator and each other (Ind. Code Section 29-1-5-3). Using an interested witness does not invalidate the will, but can void that witness's gift under Section 29-1-5-2.

A self-proving affidavit is a statement, signed by the testator and the two witnesses, that lets a will be admitted to probate without the witnesses having to testify or be located later. Indiana's statutory form is set out in Ind. Code Section 29-1-5-3.1 and is signed under the penalties for perjury rather than before a notary, which differs from many other states' notarized self-proving affidavits.

You must be at least 18 years old to make a will in Indiana, unless you are younger and a member of the armed forces or the merchant marine, in which case the age requirement does not apply. You must also be of sound mind. This standard comes from Ind. Code Section 29-1-5-1.

You can revoke an Indiana will by destroying or mutilating it with the intent to revoke, or by executing a later will or writing with the same signature and two-witness formalities required for an original will (Ind. Code Section 29-1-5-6). A divorce or annulment also automatically revokes any provisions in the will that favor the former spouse (Ind. Code Section 29-1-5-8).