State requirements
Making a will in Indiana
Indiana requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Indiana does not require a lawyer to draft a will. A will created online is valid in Indiana when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Indiana?
Indiana requires 2 adult 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?
No. Witnesses make a will valid in Indiana, not a notary. 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?
A valid Indiana will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Indiana law, not legal advice. Statutes change — verify current requirements or consult a licensed Indiana attorney for complex situations.