How to Make a Will in Indiana (2026 Guide)

A will made in Indiana must be signed by you and by 2 witnesses to be valid. Yes (Ind. Code § 29-1-5-3.1 (self-proving clause signed under penalties for perjury by testator and witnesses; notarization not required by statute)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Indiana will covers, generated from the same rules.

Make my free Indiana will

Indiana will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	Yes
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Ind. Code § 29-1-5-3
Financial POA statute	Ind. Code § 30-5-1-1 et seq. (Indiana Power of Attorney Act)
Healthcare directive statute	Ind. Code § 16-36-7 (advance directives, effective 2021, replacing the health care power of attorney under § 30-5-5-16 and living will under § 16-36-4 for new documents)

Witnesses

Two witnesses. The testator must sign the will (or acknowledge the signature) in the presence of two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Ind. Code § 29-1-5-3(b)). Witnesses must be competent; use adults who take nothing under the will, because a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, except to the extent of the witness's intestate share (Ind. Code § 29-1-5-2). Everyone must be together for the signing; sign in one sitting. Electronic wills are governed separately by Ind. Code § 29-1-21.

Do you need a notary in Indiana?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Ind. Code § 29-1-5-3.1 (self-proving clause signed under penalties for perjury by testator and witnesses; notarization not required by statute)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Indiana

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The testator must sign the will (or acknowledge the signature) in the presence of two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Ind. Code § 29-1-5-3(b)). Witnesses must be competent; use adults who take nothing under the will, because a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, except to the extent of the witness's intestate share (Ind. Code § 29-1-5-2). Everyone must be together for the signing; sign in one sitting. Electronic wills are governed separately by Ind. Code § 29-1-21.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Ind. Code § 29-1-5-3.1 (self-proving clause signed under penalties for perjury by testator and witnesses; notarization not required by statute)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Indiana allows a testator to deposit a will with the clerk of the circuit court of the county where the testator resides for safekeeping during the testator's lifetime (Ind. Code § 29-1-7-3.1). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the net estate; but a second or subsequent childless spouse, where the decedent left children from a prior marriage, may take one-third of the net personal property plus 25% of the fair market value of the real property less liens (Ind. Code § 29-1-3-1). The spouse is also entitled to a $25,000 survivor's allowance (Ind. Code § 29-1-4-1).

Homestead

No special restriction on devising a homestead by will. The surviving spouse (or minor children) receives a $25,000 allowance with priority over most claims and devises (Ind. Code § 29-1-4-1); the homestead exemption from creditors is in Ind. Code § 34-55-10-2.

If you die without a will in Indiana

If you die without a will in Indiana, your spouse takes everything if you leave no descendants and no parents; three-quarters if you leave parents but no descendants; and one-half if you leave descendants. A second or subsequent childless spouse, where you left children from a prior relationship, takes one-half of the net personal property plus 25% of the fair market value of your real property less liens (Ind. Code § 29-1-2-1). With no spouse, everything passes to descendants, then parents and siblings. More on intestacy.

Other estate-planning documents in Indiana

• Durable financial power of attorney: Ind. Code § 30-5-1-1 et seq. (Indiana Power of Attorney Act). A power of attorney must be in writing, name an attorney in fact, give the attorney in fact power to act, and be signed by the principal in the presence of a notary public (or, since 2019, in the presence of two adult witnesses who are not the attorney in fact) (Ind. Code § 30-5-4-1). Sign before a notary — a notarized power is required for recording, and recording with the county recorder is required before the power is used for real estate (Ind. Code § 30-5-3-3).
• Advance healthcare directive: Ind. Code § 16-36-7 (advance directives, effective 2021, replacing the health care power of attorney under § 30-5-5-16 and living will under § 16-36-4 for new documents). An advance directive must be signed by the declarant (or by another at the declarant's direction and in the declarant's presence) and either signed by two adult witnesses in the declarant's presence or acknowledged before a notary public (Ind. Code § 16-36-7-28). The appointed health care representative may not serve as a witness. No statutory form is mandatory; Indiana's earlier living will and health care power of attorney forms remain valid if signed before January 1, 2023.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Ind. Code § 29-1-6-1(m)).

Indiana notes

• Indiana's self-proving clause does not require a notary (Ind. Code § 29-1-5-3.1), but this service includes a notarized affidavit as well so the will is self-proved in any state.
• Indiana recognizes electronic wills (Ind. Code § 29-1-21); this service produces a paper will to be signed with pen and ink.
• Indiana does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Indiana?

Indiana requires 2 witnesses (Ind. Code § 29-1-5-3). Two witnesses. The testator must sign the will (or acknowledge the signature) in the presence of two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Ind. Code § 29-1-5-3(b)). Witnesses must be competent; use adults who take nothing under the will, because a gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, except to the extent of the witness's intestate share (Ind. Code § 29-1-5-2). Everyone must be together for the signing; sign in one sitting. Electronic wills are governed separately by Ind. Code § 29-1-21.

Does a will need to be notarized in Indiana?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Indiana have a self-proving affidavit?

Yes (Ind. Code § 29-1-5-3.1 (self-proving clause signed under penalties for perjury by testator and witnesses; notarization not required by statute)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Indiana?

Indiana does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Indiana?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the net estate; but a second or subsequent childless spouse, where the decedent left children from a prior marriage, may take one-third of the net personal property plus 25% of the fair market value of the real property less liens (Ind. Code § 29-1-3-1). The spouse is also entitled to a $25,000 survivor's allowance (Ind. Code § 29-1-4-1).

What happens if I die without a will in Indiana?

If you die without a will in Indiana, your spouse takes everything if you leave no descendants and no parents; three-quarters if you leave parents but no descendants; and one-half if you leave descendants. A second or subsequent childless spouse, where you left children from a prior relationship, takes one-half of the net personal property plus 25% of the fair market value of your real property less liens (Ind. Code § 29-1-2-1). With no spouse, everything passes to descendants, then parents and siblings.

Is a no-contest clause enforceable in Indiana?

Since July 1, 2018, Indiana enforces no-contest clauses, but not against an action brought with good cause (probable cause), an action to construe the will, to challenge a fiduciary, or to settle a dispute, among other statutory exceptions (Ind. Code § 29-1-6-2, as amended by P.L. 41-2018).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.