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Indiana Last Will and Testament

Indiana Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 3, 2023
·

7 mins

 Read

Nobody wants to ponder over the worst-case scenario. However, thinking and preparing for them might be the best option in some cases. Your Indiana last Will and Testament is one such scenario where preparing for the worst might help you and your loved ones. You would decide who would inherit your estate, who would make your medical decisions, or who would be your children's guardians. All these things would be your choice rather than some stranger's who doesn't know your family and relationships. 

That's why making a legal will following your state requirements is essential. If you are from Indiana, here's what you should follow:

Requirements for Last Will and Testament Indiana

  • Written will: An Indiana last will and testament can be on paper or digital to be legal. Indiana allows electronic wills and oral wills. However, it's better to put it in writing. Holographic wills are not allowed. 
  • Must be of at least 18 age. The testator can also be younger than 18 and a member of the armed forces. 
  • The testator can also be a member of U.S. merchant marines or its allies.
  • Sound mind and memory: An Indiana last will testator must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must be of a sound mind and memory.
  • Signed by the testator: You must sign your Indiana last will and testament before the two eligible witnesses.
  • Signed by the witnesses: You must appoint at least two witnesses for the last will. They should witness and sign the will before you and each other.
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Who can be your witnesses for an Indiana Last Will and Testament? 

Your witnesses for an Indiana last will must follow these conditions:

  • Indiana allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose their gift or estate portion. You could use a beneficiary if there are two other disinterested witnesses.

Indiana rules for a personal representative or an executor 

Choosing an executor for your Indiana last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Indiana restricts people convicted of a felony under any federal or state law from being executors.
  4. Indiana allows you to choose someone out of state if they post bond and choose an in-state agent.

Last will and Testament Notarization in Indiana 

There's no need to notarize your Indiana last will and testament. However, you should consider self-proving your will to speed up the probate process. You have to add a document signed by you and witnesses that states:

  • You've met all the conditions for a legal will while finalizing.
  • You and the witnesses have voluntarily signed the will.
  • You were of a sound mind while creating it.
  • You were at least 18 or a member of the armed forces.

You may add this language to your will or attach a separate document. 

Indiana last will and testament

Indiana last Will Revocation

You could follow any of these methods to revoke your Indiana last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding with the intent of destroying. 
  • Making a new legal will that revokes any part or the entire previous will.
  • Ask someone else to destroy the last will in front of you.

Indiana last Will Amendment Rules 

If you wish to make some minor and simple changes to your Indiana last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

What happens if you don't have a will in Indiana?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)

Spouse inherits one-half while the children get the other half of your estate 

Has a spouse and children (Children you share with someone else)

Spouse gets half of your personal property and one-fourth of the market value of your real estate property (minus the value of encumbrances on the real estate property)


Your children inherit the balance 

Has parents and siblings 

The estate is equally shared between your parents and siblings. (A parent must inherit at least one-fourth of the estate)

Has a spouse and parents 

Spouse gets three-fourths of your property 


Your parents inherit the balance 

Last Will and Testament Indiana Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Indiana free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Indiana last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Indiana last will and testament. 

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Frequently Asked Questions

Do I need a lawyer to make my last will and testament? 

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney. 

Can I write down my wishes and consider them a legal will?

Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.

Can my last will and testament be oral?

Only a few states consider an oral will legal only if it follows the rules. You would have to fulfill some criteria the state sets to be eligible to make an oral will. However, you shouldn't risk this to chance and create a solid, legal will on paper.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

What would happen to my estate if I had no immediate family?

If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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