Updated July 18, 2023
An Indiana self-proving affidavit is a legal tool that allows the creator of a will (the testator) to prove the validity of their last will and testament to court officials. In most states, a self-proving affidavit would be attached to the testator’s will and, following the testator’s death, both items would be presented to the probate court. However, Indiana law permits the incorporation of a self-proving clause in the will itself. In these cases, the testator would simply include in their will the language outlined in § 29-1-5-3.1 of the Indiana probate code. If the testator has reason to attach a separate self-proving affidavit (e.g., their last will and testament was executed without a self-proving clause), they may complete the affidavit available on this webpage and attach it to their will. Two (2) witnesses must be present at the time the testator signs the affidavit. It is recommended for a notary public also to be present when the document is executed to further authenticate the will.
Laws
- Statute – § 29-1-5-3.1
- Signing Requirements– Two (2) witnesses.