A will is a document containing the last will of its owner (testator) and determining how and by whom his or her estate will be used in the event of death.
Preparing the last will is a really sensible choice for anyone who would like to avert quarrels and misunderstandings.
A thought-out and appropriately written last will and testament can be vital to your loved ones and relatives upon your passing even if you don’t have lots of assets. In case you are seeking a fillable and printable Indiana last will and testament form, you will find it on this page, together with the guidelines on last will creation and answers to frequently asked questions.
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|Statutes||Title 29 – Probate; Article 1 – Probate Code|
|Signing requirement||Two witnesses||29-1-5-3. Signatures; videotape|
|Age of testator||18 and older or younger person under certain circumstances||29-1-5-1. Sound mind; age; armed forces|
|Age of witnesses||18 and older||29-1-5-2. Writing; witnesses|
|Self-proving wills||Allowed||29-1-5-3.1. Self-proving clause|
|Electronic wills||Recognized if meeting certain conditions||29-1-21-4. Attestation; electronic signature; self proving clause|
|Handwritten wills||Might be recognized if witnessed according to the state law||29-1-5-2. Writing; witnesses|
|Oral wills||Not recognized||29-1-5-4. Nuncupative will; requisites; limitations|
|Holographic wills||No statutes|
The main difference between these two documents is that once you depart this life, the person you assign through power of attorney loses their official authority to take care of any matters on your behalf. There are two major ones amongst the power of attorney kinds:
An executor is a person you name in the will to deal with your affairs once you depart this life. You may appoint the same individual to act as an attorney-in-fact and will executor.
In Indiana, it’s not necessary to attest your will. Nevertheless, you will need a notary public in order to make your will self-proving by adding an affidavit to the document. In the event that you make your last will self-proving, the court won’t have to speak to the witnesses to establish the legality of the document, which is going to expedite the probate.
For any holographic last will to be legally binding, you need to handwrite the entire document, put the date of creation, put your signature on it, and have it witnessed according to the state law. Such wills tend to be more commonly used in emergencies and/or up to the point when more official documents can be used (either by a legal professional or using a will template such as the one you can easily obtain from this website). Holographic last wills can contain ambiguous directions and might miss crucial provisions, so they are more difficult to impose and can slow down the probate significantly. Therefore, it could be a better choice to go for the other solution we talk about below.
An attested last will is a typed document, generally based on a fillable template obtainable online or prepared with the assistance of a lawyer. For it to be regarded as valid, it must be signed by the testator and two trusted witnesses older than 18 in the testator’s presence, which can also be done in the presence of a notary public. However, the latter is not needed in Indiana.
To be able to make your will and change it (to be testamentary capable), you have to match certain requirements relating to your legal and mental capabilities (sound mind) first.
There are usually two requirements to fulfill: soundness of mind and age. In the majority of states, you must be over 18 years old in order to make a will. Being of sound mind implies that you’re conscious of your estate as well as the heirs of your belongings and understand fully the aftermaths of your actions.
No, in Indiana, there isn’t such a requirement. But, attaching one could be rather useful since it eliminates the demand for witnesses testimony during probate, which eases the process substantially.
In Indiana, such a concept as community or marital property does not exist. That indicates that all belongings acquired or increased in the marriage do not have to be evenly devolved to both of the spouses. As per Indiana law, you can disinherit your spouse without any restrictions. The only thing is that your marriage partner will be entitled to some certain minimum amount of your estate.
With regard to everyone else, it’s legal in Indiana to disinherit family members in your last will and testament. This applies to your adult children and other relatives; just add disinheritance sections to the last will.
No, only you can change your will. There is one particular situation when a 3rd party is allowed to get involved. In case you’re physically incapable of signing your last will and testament, a third party can do it instead of you yet only with you present.
Yes, it’s possible.
Based on Indiana law, it is possible to adjust or revoke your last will if you’re not obliged by a legal agreement that expresses otherwise.
It can be a good idea to review your last will and testament when an important event happens in your life. These include but aren’t limited to:
In case the last will has been lost or damaged, as outlined by Indiana law, the court can admit it. But, the probate court can be less likely to accept anything except for the original of the last will and testament to probate.
In accordance with Indiana law, the will’s absence can be regarded as its cancellation. That suggests that the executor should provide proof of the last will’s credibility, which in turn can be found to be very difficult.
For holographic wills, things may be more complicated since sworn witnesses and testimony will be demanded. Furthermore, you have also to provide evidence of the actual reason why the last will and testament and its details can’t be provided in a way that will also confirm it hasn’t been annulled.
As provided by the Indiana Estate Code, it will be possible for a person to sign his or her last will and testament, given that it is your (as a testator) directive and in your presence. You can give a certain instruction through a number of means. They include verbal communication, a positive response to a query, or gestures.
A notary public is allowed to sign the testator’s name in case the testator is not able to do so due to a physical disability. The notary public has to be guided to perform so with a witness present. Such a witness is decided on much the same way someone could select an executor – they can’t have any legal or equitable interest in any assets being the focus of or influenced by the last will.
|Related documents||When to create one|
|Codicil||You would like to make one or a few slight modifications to your will.|
|Self-proving affidavit||You want to expedite the probate later on.|
|Living will||You want to establish what health care you expect if you’re unable to express that yourself.|
|Living trust||You would like to skip probate by putting your property in the possession of a trust.|