The Indiana last will and testament, commonly referred to as a “will”, is a legal document that outlines a person’s desires regarding the handling of their assets, the upbringing of their children, and other matters after their passing. A personal representative, also known as an executor, is a responsible individual appointed by the testator to oversee the distribution of the estate in compliance with the terms outlined in the will.

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Making a will is a crucial step in the estate planning procedure. A last will and testament is a legal document that names the guardian of your minor children and states your wishes for the distribution of your assets upon your death. In most states a will can be made by anyone who is at least eighteen years old. Some states also allow emancipated minors to create a will.

State Code Governing Indiana Wills

Indiana Code IC Title 29 Article 1 Chapter 5

Indiana Will Age Requirements

Age Requirements: Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will.

Indiana Will Signing Requirements

Will Signing Requirements: Unless nuncupative, the will must be executed in writing.

Indiana Self-Proved Wills

Indiana allows self-proved wills. The will must be signed by the testator and attested by two witness, and notarized by an officer authorized to administer oaths under the laws of Indiana.¹

Indiana Will Witness Requirements

Will Witnessing Requirements: The will must be attested by at least two disinterested witnesses. The witnesses must and not named as a beneficiary in the will. The witnesses may be named in the will as the executor or a guardian but not as a beneficiary.

Indiana Nuncupative Will

A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril. See the Indiana Code for more specific requirements for this type of will.