How to Make a Will in Indiana

If you're a resident of Indiana and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Indiana laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Indiana

Here's a quick checklist for making a will in Indiana:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Indiana, if you die without a will, your property will be distributed according to state "intestacy" laws. Indiana's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. The list of people who will inherit from you continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Indiana?

Yes. Indiana doesn't have a statutory will (an official Indiana will form), but you can make your own Indian will using Nolo's Quicken WillMaker & Trust.

However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should speak with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Indiana

To create a will in Indiana, you must be of sound mind and:

• at least 18 years of age or older, or
• younger than 18 and a member of the armed forces or the merchant marines of the United States or its allies.

(Ind. Code § 29-1-5-1 (2025).)

Your will usually must be in writing on paper. Indiana does recognize nuncupative (oral) wills, but they can be used only in limited circumstances. It's best to avoid an oral will, if possible. Your will ceremony can be videotaped to help prove that the will was executed properly and that you were of sound mind, but you must still have your will in writing. (Ind. Code §§ 29-1-5-2, 29-1-5-3.2, 29-1-5-4 (2025).)

Under Indiana law, "in writing" includes an electronic version of a will. (See "Can I Make a Digital or Electronic Will?," below.)

How to Sign and Execute My Indiana Will

To finalize your will in Indiana:

• you must sign your will
• two witnesses must be with you when you sign it or acknowledge to them that it's your signature on the will,
• you must tell your witnesses it is your will, and
• your witnesses must sign your will in front of you and each other.

(Ind. Code § 29-1-5-3 (2025).)

Neither witness should be a beneficiary of the will. Witnesses who stand to inherit under the will risk forfeiting gifts to them in the will. (Ind. Code § 29-1-5-2 (2025).)

Indiana requires the "actual presence" of the witnesses, even if the will maker is making an electronic will. (Ind. Code § 29-1-21-4 (2025).)

Some states allow "holographic" wills—wills that are entirely handwritten—to be signed without witnesses. Indiana doesn't allow holographic wills.

Do I Need to Have My Will Notarized?

No, in Indiana, you don't need to notarize your will to make it legal. However, Indiana allows you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. Most states require will makers to use a notary to make a will self-proving, but you don't have to do that in Indiana.

To make your will self-proving in Indiana, you and your witnesses sign a document that says the following:

• you met the signing requirements listed above to finalize your will
• you and your witnesses signed the will voluntarily
• you appeared to be of sound mind, and
• that to the best knowledge of the witnesses, you're at least 18 years old or in the armed forces.

The following statute contains the exact language that you should use. This language can be included in the will itself, or you can put it in a separate document that you attach to your will. (Ind. Code § 29-1-5-3.1 (2025).)

Can I Make a Digital or Electronic Will?

Indiana is one of a handful of states that technically allows electronic wills (e-wills). Indiana defines an "electronic will" as a will that:

• is initially created and maintained as an electronic record
• contains the electronic signatures of the will maker and witnesses, and
• contains the date and times of the electronic signatures.

(Ind. Code § 29-1-21-3 (2025).)

The requirements for making a valid e-will can be elaborate, and the concept is still fairly new. As a result, it's probably best to consult with an attorney if you're interested in making an e-will. For more details on e-wills in general, see What Is an Electronic Will? Indiana's e-will laws are available at Title 29, Article 1, Chapter 21 of the Indiana Code.

Can I Use My Will to Name an Executor?

Yes. In Indiana, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Indiana?

In Indiana, you may revoke or change your will at any time. You can revoke your will by taking any of the following actions:

• destroying or mutilating your will with the intent to revoke it,
• ordering someone else to destroy or mutilate your will in front of you with the intent to revoke it, or
• making a new will.

(Ind. Code § 29-1-5-6 (2025).)

If you're married when you make your will but later get divorced (or your marriage is annulled), all gifts to your spouse will be considered revoked. (Ind. Code § 29-1-5-8 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Indiana's laws about making wills here: Indiana Code Annotated, Title 29 Probate, Article 1 Probate Code.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Indiana wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Indiana, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Indiana?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Indiana, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Indiana doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.