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How do I make a valid will in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Indiana wills are governed by I.C. Title 29, Article 1, Chapter 5 (Wills).

1. Testator Requirements

  • Age: 18 or older, OR a member of the U.S. armed forces, OR a member of the U.S. merchant marine (I.C. § 29-1-5-1).
  • Capacity: Sound mind.

    • 2. Witness Requirements (I.C. § 29-1-5-3)

  • In writing.
  • Signed by the testator (or at the direction of the testator in the testator's presence).
  • Signed in the presence of the testator and of each other by 2 or more competent witnesses.
  • Witnesses must be competent at the time of attestation.

    • 3. Notarization

    Not required for validity. A self-proving affidavit (I.C. § 29-1-5-3.1) signed before a notary makes the will self-proved.

    4. Holographic Wills NOT Recognized

    Indiana does not recognize holographic wills. A handwritten will must still be witnessed by 2 competent witnesses to be valid in Indiana.

    5. Nuncupative (Oral) Wills (I.C. § 29-1-5-4)

    Limited to personal property of value not exceeding $1,000 ($10,000 for armed forces members during conflict), made during last sickness in the presence of 2 disinterested witnesses, reduced to writing within 30 days, and offered for probate within 6 months.

    6. Interested Witnesses

    A beneficiary-witness's gift is void to the extent it exceeds intestate share unless 2 other disinterested witnesses signed (I.C. § 29-1-5-2).

    7. Intestacy (No Will)

    I.C. § 29-1-2-1: Spouse and surviving children — spouse takes 1/2 if children also of marriage; spouse takes 1/2 personal + 1/4 real if any child is from a prior relationship. Spouse + parents (no children) — spouse takes 3/4.

    8. Small Estate Threshold

    Indiana's small estate procedure (I.C. § 29-1-8-1) is available for estates with gross value $100,000 or less (excluding liens and encumbrances), after a 45-day waiting period.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You moved from a holographic-will state
    • You have a blended family
    • You want a transfer-on-death deed (allowed in Indiana)
    Related Statutes & Laws
    • I.C. § 29-1-5-1
    • I.C. § 29-1-5-2
    • I.C. § 29-1-5-3
    • I.C. § 29-1-5-3.1
    • I.C. § 29-1-2-1
    • I.C. § 29-1-8-1

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.