State requirements
Making a will in Indiana
Indiana lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Indiana has traditional will requirements. Indiana does NOT recognize holographic wills. Indiana is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | IC 29-1-5-1 | 18+ and of sound mind |
| Execution Requirements | IC 29-1-5-3 | Written, signed, 2 witnesses |
| Self-Proving | IC 29-1-5-3.1 | Available with affidavit |
| Elective Share | IC 29-1-3-1 | 1/2 or 1/3 of net estate |
Execution Requirements
INDIANA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at testator's direction)
✓ Attested by 2 or more witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Elective Share
INDIANA ELECTIVE SHARE:
- With surviving children: 1/3 of net personal and real property
- Without children: 1/2 of net personal and real property
- Must elect within specified time period
Self-Proving Affidavit
Indiana allows self-proving wills under IC 29-1-5-3.1.
Checklist for Indiana Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Indiana will questions, answered
Can I make a will online in Indiana?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Indiana requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Indiana?
Indiana requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Indiana require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Indiana document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Indiana?
No. Indiana does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Indiana?
Indiana sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Indiana source above and get local help for your circumstances.
Keep reading
All guides →Your Indiana wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Indiana law, not legal advice. Statutes change — verify current requirements or consult a licensed Indiana attorney for complex situations.