The Indiana Last Will and Testament is a legal document that is crucial to anyone who wishes to ensure that their personal property is properly distributed to their chosen beneficiaries. The testator (or the person creating the document) will be allowed by the state to place into writing, how they would like their personal property, fiduciary assets, any cash, real estate even important digital property, distributed to their spouse, children, friends or other family members to include pets, to ensure their ongoing security to the best of their ability upon their death. This document must be witnessed and signed by two witnesses and notarized in order to be authenticated in Indiana.
Definition – IC 29-1-1-3(27)
Laws – Title 29 (Probate)
Signing (IC 29-1-5-3) – Needs signatures from Two (2) Witnesses
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 – 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.
