What the rule says
Indiana requires specific formalities for a valid will. Under Ind. Code § 29-1-5-3, a valid Indiana will must satisfy:
1. A writing. The will must be in writing. 2. The testator's signature. The testator must sign at the end of the will, or another may sign at the testator's direction in the testator's presence. 3. Two competent witnesses. Two competent witnesses must sign the will in the testator's presence after seeing the testator sign or hearing the testator acknowledge the signature.
Indiana requires witnesses to sign in the testator's presence — a stricter requirement than UPC states.
Holographic wills not recognized
Indiana does not recognize holographic wills (handwritten unwitnessed wills) for ordinary residents. A handwritten unwitnessed will executed in Indiana is not valid even if executed elsewhere in a holographic-recognizing state. Limited exceptions apply to members of the armed forces.
Self-proving affidavits
Under Ind. Code § 29-1-5-3.1, a will accompanied by a self-proving affidavit signed before a notary at execution can be admitted to probate without requiring witness testimony.
Witness-beneficiary issues
Indiana addresses witness-beneficiary issues through Ind. Code § 29-1-5-2. A gift to an attesting witness is generally void unless there are sufficient other disinterested witnesses to validate the will.
What you can do about it
For an Indiana will execution:
- Have the testator and at least two disinterested witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses. - Don't rely on handwritten unwitnessed documents in Indiana.
Who this affects most
Indiana's execution requirements are most consequential for anyone executing a will in Indiana, out-of-state residents who relocated with handwritten unwitnessed wills (not generally valid in Indiana), and estates relying on witness testimony without self-proving affidavits.