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Wills in Indiana
A properly drafted and executed will is the foundation of most estate plans. Birch & Associates PC prepares wills that clearly reflect your intentions and meet Indiana's legal requirements.
What a Will Does
A last will and testament directs how your probate assets are distributed after your death, names a personal representative to administer your estate, designates a guardian for any minor children, and can establish a testamentary trust for beneficiaries who should not receive assets outright.
Without a valid will, Indiana's intestacy statutes determine who inherits your estate — and the result may bear little resemblance to what you would have chosen. Unmarried partners receive nothing. Stepchildren who are not legally adopted are not heirs. Specific property you intended for a particular person passes according to a statutory formula instead.
Indiana Requirements for a Valid Will
Under Indiana Code § 29-1-5-3, a valid will must be in writing, signed by the testator, and attested and subscribed by at least two competent witnesses in the testator's presence. Indiana does not recognize holographic (handwritten, unwitnessed) wills.
While notarization is not required, a self-proving affidavit — signed by the testator and witnesses before a notary — is strongly recommended. A self-proving will can be admitted to probate without requiring the witnesses to appear in court.
The testator must be at least 18 years old and of sound mind at the time of execution. A will that does not meet Indiana's execution requirements is invalid regardless of how clearly it expresses the testator's wishes.
What a Will Does Not Control
A will only governs probate assets — property that passes through your estate. Life insurance proceeds, retirement accounts, jointly held property with right of survivorship, and accounts with payable-on-death or transfer-on-death designations all pass outside your will, regardless of what it says.
This means that a beneficiary designation made years ago — naming a former spouse, a deceased relative, or an unintended recipient — can override a carefully drafted will. Keeping beneficiary designations current and coordinated with your overall estate plan is essential.
Testamentary Trusts and Guardian Designations
A will can establish a testamentary trust — a trust that comes into existence at your death — to hold assets for a minor child or other beneficiary who should not receive a large sum outright. The trustee you name manages the assets and distributes them according to the terms you set, such as at a specified age or for specific purposes like education.
A will is also the only legal document that can designate a guardian for your minor children. If you have children under 18, naming a guardian in your will is one of the most important decisions in your estate plan. Without a designation, an Indiana court will determine who raises your children — a decision that may not reflect your wishes.
Frequently Asked Questions
What happens if I die without a will in Indiana?
Dying without a valid will is called dying intestate. Indiana's intestacy statutes determine who inherits your estate based on family relationships — not your actual wishes. Unmarried partners receive nothing. Stepchildren who are not legally adopted are not heirs. A court determines who raises your minor children.
Does Indiana recognize handwritten wills?
No. Indiana does not recognize holographic wills — handwritten wills that are not witnessed. A handwritten document, however sincere, does not meet Indiana's execution requirements and will not be admitted to probate.
How often should I update my will?
You should review your will after major life events — marriage, divorce, the birth of a child, the death of a named beneficiary or executor, or a significant change in assets. As a general practice, reviewing your will every three to five years is reasonable even without a specific triggering event.
Can a will be contested in Indiana?
Yes. A will can be challenged in Indiana on grounds including lack of testamentary capacity (the testator did not understand what they were signing), undue influence (someone improperly pressured the testator), fraud, or failure to meet Indiana's execution requirements. A properly drafted will, executed with the formalities Indiana law requires, is the best defense against a successful challenge.
What is a self-proving will?
A self-proving will includes a notarized affidavit signed by the testator and witnesses at the time of execution. Under Indiana law, a self-proving will can be admitted to probate without requiring the witnesses to appear in court to verify their signatures — which simplifies the probate process, particularly when witnesses may be difficult to locate years later.
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