You can dispose of any property that you own, with a few exceptions. Property that is subject to joint ownership (such as joint tenancy or tenancy by the entirety) generally passes to the other joint owner(s) outside of the will. Property that is held in a living trust also generally does not pass through the will.
You can revoke or amend your will at any time, as long as you are of sound mind. A revocation can be made orally, in writing, or by tearing up the will. An amendment (known as a “codicil”) must also be in writing, signed by you, and witnessed by two other people who are over the age of 18.
If you die without a valid will in Indiana, your property will be distributed according to the state’s intestacy laws. Under these laws, your spouse and children will generally inherit the majority of your property. If you do not have any surviving spouse or children, your property will go to your parents or other relatives. If there are no surviving relatives, the property will go to the state.
An Indiana last will and testament can be a simple or complex document, depending on your wishes and the nature of your estate. It is important to consult with an experienced attorney to ensure that the will is properly executed and that all applicable laws are followed.
Step 1 – Who is creating the will?
The first section of the will should identify who is creating the document. This is known as the “testator.” The testator must be at least 18 years old and of sound mind to create a valid will.
Step 2 – Name an executor
The executor is the person who will be responsible for carrying out the testator’s wishes after they pass away. The executor should be someone who is responsible and detail-oriented, as they will have a lot of paperwork to complete. It is also helpful if the executor lives close to the testator, as they may need to attend court hearings or meet with other individuals in person.
The executor does not need to be a lawyer, but it is helpful if they are familiar with the legal process. The executor can also be named in the will, or they can be appointed by the court after the testator’s death.
Step 3 – Describe how you would like your property to be distributed
In this section of the will, you will need to list all of your assets and specify who you would like to inherit each one. You can also include instructions on how you would like your property to be used, such as specifying that a piece of real estate should be sold and the proceeds divided among your beneficiaries.
If you have minor children, you will also need to designate a guardian for them in your will. The guardian will be responsible for caring for your children if you pass away before they turn 18.
It is important to update your will regularly, as your assets and family situation may change over time. You should also review your will with your executor and beneficiaries to ensure that everyone understands your wishes.
Step 4 – Signatures
The will must be signed by the testator in front of two witnesses. The witnesses must be at least 18 years old and cannot be related to the testator. The witnesses should also sign the will in front of the testator.
Step 5 – Notarization (optional)
Wills do not need to be notarized in Indiana, but it is recommended. Notarizing the will provides an extra level of validation and can help to prove the authenticity of the document if there is ever any question.
If you choose to have your will notarized, the notary public will need to sign and stamp the document. The witnesses will also need to sign an affidavit in front of the notary public, attesting to the fact that they witnessed the testator signing the will.
Step 6 – Storage
Once the will is complete, it should be stored in a safe place where it can be easily accessed by the executor. It is also a good idea to provide copies to the executor and beneficiaries.
While it is not required, it is also a good idea to register your will with the Indiana Secretary of State’s office. This will ensure that the executor can easily locate the document after your death. The will form can be obtained from the Secretary of State’s office or online.
Last wills and testaments are an important part of estate planning. By taking the time to create a will, you can ensure that your wishes are carried out after you pass away.
Are Self-Proving Wills Allowed in the State of Indiana?
Yes. A self-proving will is a document that does not require any additional proof of its validity beyond the signatures of the testator and witnesses. This can simplify the probate process, as the executor will not need to track down witnesses after the testator’s death.
To make a self-proving will, the testator and witnesses must sign an affidavit in front of a notary public. The affidavit should state that the will is valid and that the testator was of sound mind when they signed it. The notary public will then sign and date the affidavit, which will be attached to the will.
Can a Will be Handwritten in Indiana?
Yes. A handwritten will can be used in Indiana if it meets the state’s requirements. A holographic will must be entirely in the testator’s handwriting and must be signed by the testator. It does not need to be witnessed, but it is helpful if it is.