Indiana wills
How to make a will in Indiana
What Indiana law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Indiana will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in Indiana
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Ind. Code § 29-1-5-3)
- Make it self-proving. You and your witnesses sign a short self-proving statement, with no notary needed, so the court won't need to find your witnesses later. (Ind. Code § 29-1-5-3.1 (electronic wills § 29-1-21-4(e)-(f)))
- Store the original safely and tell your executor where it is. Indiana also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind. A person younger than 18 may make a will if a member of the armed forces or of the merchant marine of the United States or its allies. (Ind. Code § 29-1-5-1)
Witness rules
In the presence of two or more witnesses, the testator must signify that the document is his or her will and then sign it, acknowledge an existing signature, or direct another person to sign in the testator's presence. The witnesses must sign in the presence of the testator and of each other. Indiana also allows attorney-supervised execution in paper counterparts, with the witnesses interacting through real-time audiovisual technology, under § 29-1-5-3(c)-(e). (Ind. Code § 29-1-5-3)
If a witness inherits: If the will cannot be proved without the beneficiary-witness's testimony or signature, the gift to that witness is void, but he or she keeps up to his or her intestate share. Naming someone executor, trustee or guardian does not make the person interested (Ind. Code § 29-1-5-2(c)-(d)).
Handwritten wills
Not recognized; every will except a nuncupative will must be in writing and signed by two witnesses (Ind. Code §§ 29-1-5-2(a), 29-1-5-3).
Self-proving affidavit
No notary is required: the testator and witnesses sign a self-proving clause, which may be made under penalties for perjury, at signing or added later. § 3.1(c) gives a form; § 3.1(d) allows equivalent substance; § 3.1(e) has a form for counterpart wills. (Ind. Code § 29-1-5-3.1 (electronic wills § 29-1-21-4(e)-(f)))
Can I sign my will online in Indiana?
Yes, electronic wills are allowed. Normally the testator and witnesses must be physically present together. Presence by audiovisual technology counts only if a licensed attorney or a directed paralegal supervises the signing and then signs an affidavit of compliance under penalty of perjury. The affidavit lists each person's location, how identity was confirmed, and the technology used, and must be filed with the probate petition. A remotely witnessed will without that supervision is voidable by the court on objection. The same supervision rule applies to paper wills signed in counterparts (§ 29-1-5-3(c)-(e)). (Ind. Code ch. 29-1-21 (P.L.40-2018; amended P.L.231-2019 and P.L.185-2021))
In effect since July 1, 2018 (P.L.40-2018); remote supervised witnessing added by P.L.185-2021.
Online notarization: Registered remote notaries may perform remote notarial acts; the chapter has no will-specific exclusion. Indiana wills do not need a notary (the self-proving clause is signed under penalty of perjury), and remote witnessing is governed by the attorney-supervision rules instead. (Ind. Code ch. 33-42-17 (P.L.59-2018; applies from the earlier of Secretary of State rules or July 1, 2020))
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Indiana law, and keep the signed original as the law requires. How online will signing works.
Good to know in Indiana
You may deposit your original will with the circuit court clerk of the county where you lived when you signed it, for $25; it stays sealed and is not a public record (Ind. Code § 29-1-7-3.1). Indiana also authorizes a Supreme Court-run electronic estate planning documents registry (ch. 29-1-22), subject to court rules; whether it is operating was not verified.
Estate and inheritance taxes
Indiana has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Indiana will questions
Does a will need to be notarized in Indiana?
No. Two witnesses make a Indiana will valid, and Indiana's self-proving statement doesn't need a notary either.
Are handwritten wills legal in Indiana?
Not recognized; every will except a nuncupative will must be in writing and signed by two witnesses (Ind. Code §§ 29-1-5-2(a), 29-1-5-3).
Can a beneficiary witness a will in Indiana?
If the will cannot be proved without the beneficiary-witness's testimony or signature, the gift to that witness is void, but he or she keeps up to his or her intestate share. Naming someone executor, trustee or guardian does not make the person interested (Ind. Code § 29-1-5-2(c)-(d)).
Can I make a will online in Indiana?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Indiana also allows electronic wills, and witnesses can take part by live video under conditions in state law.
Does Indiana have an estate or inheritance tax?
Indiana has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Indiana Code 2026, Title 29 (§§ 29-1-5-1, -2, -3; 29-1-7-3.1; ch. 29-1-21; ch. 29-1-22) (Indiana General Assembly)
- Indiana Code 2026, Title 33, ch. 33-42-17 Remote notarial acts
- Ind. Code § 29-1-5-3 (FindLaw)
- Ind. Code § 29-1-5-3.1 (FindLaw)
- Ind. Code § 29-1-21-4 (FindLaw)
- Ind. Code § 29-1-5-1 (FindLaw)
- Ind. Code § 29-1-5-2 (FindLaw)
- Court Safekeeping of Original Wills in Indiana (ezel.ai survey)
Last reviewed October 24, 2026 against Indiana statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Indiana attorney.
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