Free Indiana Last Will and Testament Form

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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Indiana Last Will Laws and Requirements

Requirements State laws
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

How to Make an Indiana Last Will and Testament

  1. Think about your options. One thing to bear in mind, firstly, is whether you wish to write the entire document by hand (holographic will) or utilize a fillable last will and testament form that can be found online.
  2. Indicate your information. Establish the testator and their particulars: full name and address (city, county, and state). Go through the details you wrote along with the remainder of the section, which includes “Expenses and Taxes.”
    Section for indicating details of Indiana last will and testament
  3. Choose the executor. In this section, you define who’s going to carry out your will by entering their full legal name, as well as their city, county, and state of residence. The vast majority of states have specific laws regarding the out-of-state representatives and executors, which almost always implies extra hassle and red tape. Hence, it’s advised to choose somebody who resides in the same state as you. As a safeguard, it is possible to designate an alternative executor of your last will and testament. This way, you will be able to make sure that, even if the initially chosen executor can’t perform their obligations, there’s a second dependable person you can count on.
    Executor choosing section of Indiana last will document
  4. Indicate the guardian (optional). In case you’ve got minor or dependent children and do not want the court to select a guardian for them when you are no longer on this Earth, you can appoint somebody you know as a guardian for your children.
    Appointing the guardian section of last will form Indiana
  5. Specify your beneficiaries. At this stage, you establish people who are going to receive your assets. For each inheritor, specify these details: full name, address, and the way they are related to you.
  6. Designate possessions. You can indicate which of your respective inheritors gets this or that piece of property. Otherwise, the assets will be divided evenly between the beneficiaries. Property can include cash, shares, realty, business ownership, money for unresolved arrears, and any tangible items of commercial value that count among your possessions. Please be aware that there are things that cannot be distributed in your will, such as life insurance and shared and living will property.
    Section for specifying beneficiaries and allocating property of Indiana last will
  7. Ask witnesses to finalize the document. As per Indiana law, for a last will and testament to be considered legitimate, it has to be signed by two witnesses. They should be over 18 years old and have no interest in your last will, which means they cannot be beneficiaries. As an extra precaution against situations when the will is contested or any other problems, it makes sense to assign a witness who’s younger than you to ensure they will still be there after you are gone. After a thorough review of every paragraph in your will, all signatories (you and your two witnesses) must fill out their names and full addresses and sign the paper.
    Signatures of witnesses section of will and testament template for Indiana

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Frequently Asked Questions

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:

  • General power of attorney – enables you to assign a proxy (agent) who will have the ability to manage your financial and legal affairs instead of you. But, this document becomes annulled if the principal passes away or becomes incapacitated.
  • Durable power of attorney – grants the same rights to the proxy as the previous type but will stay valid even when the person on behalf of whom the agent acts becomes disabled.

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.

Do I have to attest my will in Indiana for it to be valid?

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.

IMPORTANT: Even though notarization is not required for last wills in Arizona, signing a will in front of a notary public usually helps facilitate the probate.

When comparing an attested and holographic will, which is better?

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.

Exactly what does it mean to be testamentary capable?

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.

Is it mandatory (in Indiana) to add a self-proving affidavit to my will?

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.

Is it possible to disinherit your child or spouse?

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.

Possibly, this is one of the reasons why the Indiana divorce rate is higher than the average US divorce rate (9.9 in comparison to 7.7 per 1,000 women over 15 years old), as per study in 2018.

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.

Can someone change my 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.

In Indiana, is it possible to modify a typewritten last will after I sign it?

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:

  • Adoption or birth of a child
  • Divorce or marriage
  • Real estate or large piece of property has been sold or purchased
  • Your financial situation has changed fundamentally

How should I act in case my last will is lost?

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.

How does a physically impaired individual sign their last will and testament?

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.
Published: Sep 15, 2020
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.