How to Make an Indiana Legal Will: Your Guide

All About Indiana Legal Wills

A legal will is a basic tool in estate planning in Indiana. It is a document that specifies what you want to happen after your death. It allows you to distribute your property and assets according to your wishes, designate guardians for minors, and outline funeral arrangements.
Under Indiana law, anyone who is at least 18 years old and of sound mind can create a legal will. There are very few restrictions on what you can include in your will. It must be in writing and signed by you, and it must be witnessed by two individuals. You do not need to write the document in front of the witnesses; they do not have to know the contents of the will. While it is not required under Indiana law , you may want to have your will signed in front of a notary public for added protection.
If you do not create a will or trust, Indiana state law will determine how your property will be distributed. This process is referred to as "intestate succession." The state law follows a strict order of succession-starting with children, then parents, siblings, cousins, and so forth. Having a will in place allows you to make your own choices regarding the distribution of your assets – instead of leaving that decision to the state.

Steps to Making a Will in Indiana

The Indiana Probate Code sets forth certain requirements that must be satisfied in the drafting of a valid will. These requirements include an age requirement, a mental capacity requirement, and the requirement of language or clauses.
Age Requirement:
To create a will in Indiana, the testator must be at least 18 years of age. In the event that a person dies before he or she is 18 years of age, that minor child’s interest shall be determined as though the minor had survived to age 18.
Mental Capacity:
The Indiana Probate Code will consider a testator to be of sound mind if the testator is of "memory and understanding." This is generally considered to refer to the ability of the testator to understand, appreciate and remember the extent and value of his or her assets and the identity of his or her heirs at law.
Language and Clauses:
The Indiana Probate Code provides that a will must either be (1) in writing, signed by the testator, and attested by two witnesses that signed the will at the testator’s request; or (2) signed by the testator and exclusively hand-written by the testator.
The Indiana Probate Code also has certain language requirements for a will, including the following:
In the event that a will contains choices for alternate beneficiaries, then it is customary to include what is known as a "clause of conditional revocation" such as:
"Should any of my designated beneficiaries herein die prior to my death, such beneficiary shall have no interest in my estate upon my death and, in this event, I direct that the devises and bequests in favor of those persons so dying shall lapse upon such person’s death and my estate shall pass in the same manner as though such person predeceased me."
In the event that a testator wishes to provide a different distribution to any of the alternate beneficiaries in the event that one or more of the alternate beneficiaries dies prior to the testator, then the testator should include the following language in his or her will:
"Should any of my designated beneficiaries herein die prior to my death, in such event I give, devise and bequeath the share of the estate of the beneficiary who shall predecease me to the surviving alternate beneficiary or beneficiaries of the named beneficiary."

Selecting an Indiana Will Executor

When creating a legal will in Indiana, you must name a personal representative, who will serve as your executor. The duties of the executor are vast, and include paying off debts, settling estate expenses, defending claims, filing necessary taxes, and distributing the assets of the estate. Your executor can enlist the assistance of an attorney to carry out these duties, and if you name a bank as executor, it is required to use an attorney. The executor has a fiduciary responsibility and is required to act in good faith and with the same degree of care that a person of ordinary prudence would exercise in dealing with her own affairs. The executor of the estate has broad powers such as gathering and inventorying all of the assets of the estate, and distributing those assets pursuant to the terms of the will. You must appoint a successor, however, in the event that your first choice cannot serve as executor.
Who can be the executor? Indiana law allows a person over the age of 18 to serve as a personal representative (executor), prior to the appointment by the Court. The only discredited individuals are: persons who have been convicted of a felony or who are mentally incompetent by statute. There is an exception to this rule, however, where the will specifically provides for such an individual, and the named individual is not otherwise disqualified. In addition, a corporation may serve as personal representative of an estate, but a bank must serve in that role pursuant to Indiana law and regulations. A bank must also employ an individual to perform the daily functions of the personal representative within that bank.
In addition, you must appoint a resident agent, who will represent you in any proceedings before the Court after your death, if the named personal representative resides outside the state. Failure to name an alternate or a resident agent may delay the estate settlement process.

Indiana Will Forms and Templates

While the best way to create a strong will is by hiring a lawyer, even lawyers have to use forms. Fortunately, there are a number of sources of online Indiana will forms that can be downloaded for use. Places to download forms include the Indiana Legal Services website and the Nolo website. There are also several books available that contain Indiana will forms , though these will only be useful if you’re able to get them from a library or you’re able to purchase the book from a bookstore or online.
There are also will form services that allow you to answer some basic questions and get information or documents from them to help you create a will. Some of these are free while others charge fees and/or subscriptions. These types of sites can be a good option for someone without an attorney who wants just to have their will done and given out to family members.
An additional resource for creating a will is the Indiana Legal Aid Society. You may need to qualify by means of income or other restrictions to get this support, which may include assistance with drafting a will, but it may be possible in your case.

Common Questions on Indiana Wills

The following are some of the commonly asked questions about Indiana Wills in general. Each answer addresses a specific question.
Q: How can a legal will be amended in Indiana?
A: An amendment to a will is called a codicil. To amend a will, the testator must draft a new document that adds to, revises, or revokes a specific provision of the previous will. The amendment must satisfy the same requirements of valid execution as the original will including the testator’s signature and two witnesses in order to be valid. A holographic codicil is also valid as long as it is signed by the testator.
Q: Does a person have to store their will with the attorney who drafted it?
A: No. The client can make arrangements with the attorney or separately and personally hold the will in a safe, such as a safety deposit box in a bank. Regardless of where the testator keeps the original will , they should advise the executor of its whereabouts so that it can be found and distributed after their death.
Q: Can you store a will with the court?
A: Indiana law does not specify that a will has to be filed with the court. However, the testator can choose to register the will with the clerk of the circuit court once he or she has it properly attested.
Q: What happens if a person dies without a will in Indiana?
A: A person can die intestate, or without a valid will as determined by the requirements outlined above. When that happens, any property owned by the testator is distributed according to the laws of intestacy. Indiana law provides an order of priority stating how the decedent’s property will be distributed. Without a will or an order issued by the court, no one has the power to deal with or distribute the decedent’s property.