Your will is a document that explains how to distribute some or all of your property when you die. Wills written in Indiana are governed by the Indiana Probate Code, which is found at Title 29 of the Indiana Code. The Indiana Probate Code gives specific instructions about how to write a will so that it will be recognized as valid and legal by an Indiana Court. You will need to meet several requirements to have a valid Indiana will. You can write your own valid will, but consulting a lawyer for more complicated estates is advisable to ensure compliance with state law.
Put your will in writing. You may write your will by hand or type it, and you may use either a blank piece of paper or a preprinted will form.
Read More: How to Make a Legal Will in Indiana
Sign your will in the presence of at least two witnesses and put the day, month and year next to your signature. Have each witness sign your will beneath your signature. Each witness should also put the day, month and year beside his signature.
Have your will notarized. The notary should watch you and each of your witnesses sign and date the will. Beneath your signature and your witnesses's signatures, the notary should put the language required for a self-proving clause in Indiana Code 29-1-5-3.1, then notarize the will.
Although notarization is not required to have a valid Indiana will, it does save time after you are deceased because it allows the court to find that your will is self-proving, meaning that the probate court does not have to question either of your witnesses to reassure itself that your will is valid.
Check the laws of your state or country if you are not in Indiana when you make your will. A will that is not made in Indiana can still be held valid by an Indiana court as long as it meets all the legal requirements for wills in the state or country where it was made. Since it can be difficult to know whether or not you had a valid will in another state or country, it may be wise to consult an attorney with knowledge of both the law of Indiana and the law of your previous home.
A.L. Kennedy is a professional grant writer and nonprofit consultant. She has been writing and editing for various nonfiction publications since 2004. Her work includes various articles on nonprofit law, human resources, health and fitness for both print and online publications. She has a Bachelor of Arts from the University of South Alabama.