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What are the Requirements for a Valid Will in Indiana?

What are the Requirements for a Valid Will in Indiana?

Q: What makes a will invalid in Indiana?

A will can be deemed invalid in Indiana if it does not meet the legal requirements, such as lacking the necessary signatures of the testator and two witnesses. Additionally, if the testator was not of sound mind or was under undue influence when signing, the will may also be considered invalid.

Q: What are the requirements for a will to be valid in Indiana?

For a will to be valid in Indiana, it must be signed by the testator and at least two witnesses. The witnesses must be present when the testator signs the will or acknowledges their signature. The testator must also be of sound mind and at least 18 years old.

Q: What are the three basic requirements of a valid will?

The three basic requirements for a valid will in Indiana are: 1) The testator must be at least 18 years old and of sound mind. 2) The will must be signed by the testator. 3) It must be witnessed by at least two individuals who are present at the same time.

Q: In what three ways can a will be revoked?

A will can be revoked in Indiana in three primary ways: 1) By the testator creating a new will that explicitly revokes the previous one. 2) By physically destroying the will, such as tearing or burning it. 3) By the testator's written declaration stating the intent to revoke the will.

Full question:

For an Indiana Will to be accepted in Probate, how many witnesses are needed for the Testator's signature? Is a Notary Public's signature also required?

Category: Wills and Estates
Date: 04/07/2025
State: Texas

Answer:

A will in Indiana must have two witnesses, and may, but is not required, to be notarized. Please see the following IN statute:

IC 29-1-5-3 (a) This section applies to a will executed before, on, or....

(a) This section applies to a will executed before, on, or after July 1,
2003. A will, other than a nuncupative will, must be executed by the
signature of the testator and of at least two (2) witnesses on:

(1) a will under subsection (b);

(2) a self-proving clause under section 3.1(c) of this chapter; or

(3) a self-proving clause under section 3.1(d) of this chapter.

(b) A will may be attested as follows:

(1) The testator, in the presence of two (2) or more attesting witnesses,
shall signify to the witnesses that the instrument is the testator's will
and either:

(A) sign the will;

(B) acknowledge the testator's signature already made; or

(2) The attesting witnesses must sign in the presence of the testator and
each other.

An attestation or self-proving clause is not required under this
subsection for a valid will.

(c) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:

(1) an attestation or self-proving clause or other language; or

(2) additional signatures; not required by subsection (b).

(d) A will executed in accordance with subsection (b) is self-proved if
the witness signatures follow an attestation or self-proving clause or
other declaration indicating in substance the facts set forth in
section 3.1(c) or 3.1(d) of this chapter.

(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does Indiana require a notary for a will?

No, Indiana does not require a notary public's signature for a will to be valid. A will must be signed by the testator and at least two witnesses. While notarization is not necessary, it can be done if desired for additional verification.