Indiana Last Will and Testament

Other types of recognized wills

In addition to written wills, Indiana recognizes a nuncupative, or oral, will. A nuncupative will may be recognized in Indiana only if made by someone in “imminent peril of death, whether from illness or otherwise.” Such a will is valid only if the testator then dies of that impending peril, and the will must be:

1. Declared to be his will by the testator before two disinterested witnesses;
2. Reduced to writing by or under the direction of one of the witnesses within 30 days after such declaration; and
3. Submitted for probate within six months after the death of the testator.

Moreover, a nuncupative will may not dispose of property worth more than $1,000 unless the testator is a member of the armed forces in a time of war, in which case the limit is $10,000.

Changing an Indiana last will and testament

An Indiana last will and testament may be changed at any time before the testator’s death through a new will or a codicil, which is an addition or amendment that must be executed with the same formalities as a will in order for it to be valid.

Revoking an Indiana last will and testament

An Indiana will may be revoked at any time by the testator by another written will or by destroying or mutilating the will, done either by the testator with the intent to revoke or by another person in the testator’s presence and at his direction.

Revocation of a nuncupative will or any part thereof may be accomplished by a subsequent nuncupative will.

Indiana last will and testament FAQs

What happens if I die without a will in Indiana?

If you die without a will in Indiana, the state decides who gets your property using laws called "intestacy" rules. Your surviving spouse gets half of your estate if you have children, and your children split the other half. If you don't have children but your parents are still alive, your spouse gets three-quarters of everything and your parents get the rest. If you have no immediate family, the state looks to siblings, grandparents, and other relatives based on how closely related they are to you. This automatic system rarely matches what people actually want, which is why having a will is so important.

What are the basic requirements to make a valid will in Indiana?

You must be at least 18 years old and mentally capable of understanding what you're doing when you make your will. You (or a proxy under your authority) and two witnesses who aren't getting anything from your will must sign it. Indiana also accepts handwritten wills that don't need witnesses, but only if the entire will is written in your own handwriting.

Can I make changes to my will after it's already signed?

Yes, you can change your will anytime while you're alive and mentally capable. You can make small changes by creating a "codicil," which is like an official addition that must be signed and witnessed just like your original will. For bigger changes, it's usually easier to write a completely new will that clearly states it cancels all previous wills. You can also cancel your will by purposely physically destroying it (like burning or tearing it up).

What property can't be given away through my will?

Some of your property automatically goes to specific people when you die, no matter what your will says. Property you own jointly with someone else (like a house with your spouse) automatically becomes theirs. Life insurance money and retirement accounts like 401(k)s and IRAs go directly to whoever you named as the beneficiary on each. Money in bank accounts that are "payable on death" goes straight to the person you named. If you want to change who gets these things, you need to update the beneficiary forms with the companies, not just change your will.

Can I make a verbal will in Indiana instead of writing one down?

Indiana allows verbal wills (called "nuncupative" wills) only in very specific emergency situations when you're facing immediate danger of death. You must declare your wishes in front of two witnesses who aren't getting anything from your estate. Someone must write down what you said within 30 days, and the will must be filed in court within six months of your death. These verbal wills can only give away up to $1,000 worth of property ($10,000 if you're military personnel during wartime). Because of these strict limits and requirements, it's much better to have a written will prepared ahead of time.

What's the difference between a last will and a living will?

A last will and a living will are completely different documents that work at different times in your life. Your last will only takes effect after you die. It tells people who should get your property and who should take care of your minor children. A living will works while you're still alive but unable to make medical decisions for yourself. It tells doctors and family members what kind of medical treatment you want or don't want, such as whether to use life support machines. You need both documents because they handle different situations.

Do I need a lawyer to make a will in Indiana, or can I do it myself?

You don't legally need a lawyer to make a will in Indiana, but having one can help you avoid mistakes that could invalidate your will. You can use online services, fill-in-the-blank forms, or write your own as long as you follow Indiana's requirements for signing and witnesses. However, if you have a lot of property, own a business, have a blended family, or want to do complex things like setting up trusts, a lawyer can make sure everything is done correctly. Even simple wills can have problems if they're not written clearly or don't follow the state's rules exactly.