An Indiana last will and testament is a legal document used to ensure an individual’s property and assets are properly distributed among their chosen beneficiaries upon death. A testator (person to whom the will belongs) can leave behind detailed instructions on how their personal and real property, fiduciary assets, and even digital property is to be dispersed among loved ones. Beneficiaries of the will are typically spouses, children, friends, blood relatives, charitable organizations, and any other individual or entity that the testator wishes inherit a portion of their estate. Under Indiana law, wills must be signed by the testator in the presence of two (2) witnesses; both witnesses must also sign the document. Though optional, the testator may have the document notarized for extra legal protection.
Table of Contents |
Laws
Definition – IC 29-1-1-3(27) – “Will” includes all wills, testaments, and codicils. The term also includes a testamentary instrument that merely appoints an executor or revokes or revives another will.
Signing Requirements (IC 29-1-5-3) – Requires the signatures of two (2) or more witnesses.
Statutes – Title 29 (Probate)
(Video) How to Make a Will in Indiana
How to Write
Step 1 – Establishment of the Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. Enter the following information:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section
Step 2 – Nomination and Appointment of Personal Representative (Executor) –
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must carefully review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.
Step 4 – Testator must carefully read the following sections prior to any application of signatures:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All parties must be present prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 (Optional) – Notarization – Once the notary public has witnessed all of the required signatures, they will then complete the remainder of the document and authenticate it by affixing their state seal.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument