Ind. Code ch. 29-1-5

in effect

Ind. Code § 29-1-5-1 Sound mind; age; armed forces

Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will. Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.

Ind. Code § 29-1-5-2 Writing; witnesses

Sec. 2. (a) All wills except nuncupative wills shall be executed in writing. (b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent the probate thereof. (c) If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him. (d) No attesting witness is interested unless the will gives to him some personal and beneficial interest. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person. Formerly: Acts 1953, c.112, s.502.

Ind. Code § 29-1-5-3 Signatures; counterpart; video

Sec. 3. (a) This section applies to a will executed before, on, or after July 1, 2003. A will, other than a nuncupative will, must be executed by the signature of the testator and of at least two (2) witnesses on: (1) a will under subsection (b); (2) a self-proving clause under section 3.1(c) of this chapter; or (3) a self-proving clause under section 3.1(d) of this chapter. (b) A will may be attested as follows: (1) The testator, in the presence of two (2) or more attesting witnesses, shall signify to the witnesses that the instrument is the testator's will and either: (A) sign the will; (B) acknowledge the testator's signature already made; or (C) at the testator's direction and in the testator's presence have someone else sign the testator's name. (2) The attesting witnesses must sign in the presence of the testator and each other. An attestation or self-proving clause is not required under this subsection for a valid will. (c) Under the supervision of an attorney or directed paralegal, the testator and the witnesses may execute and complete the will in two (2) or more original counterparts that exist in a tangible and readable paper form with: (1) the testator's signature placed on one (1) original counterpart in the presence of attesting witnesses; and (2) the signatures of the witnesses placed on one (1) or more different counterparts of the same will; in a tangible and readable paper form. If a will is signed and witnessed in counterparts under this subsection, the testator or an individual acting at the testator's specific direction must physically assemble all of the separately signed paper counterparts of the will and the signatures of the testator and all attesting witnesses not later than five (5) business days after all the paper counterparts have been signed by the testator and witnesses. If the testator directs another individual to assemble the separate, signed paper counterparts of the will into a single composite paper document, the five (5) business day period does not commence until the compiling individual receives all of the separately signed paper counterparts. Any scanned copy or photocopy of the composite document containing all signatures shall be treated as validly signed under this section and may be electronically filed to offer the will for probate under IC 29-1-7. If the testator dies after executing a will under this subsection but before the separate counterparts are assembled into a single composite paper document, the intervening death of the testator shall not affect the validity of the will. (d) An attorney or directed paralegal must supervise the execution of a will that is signed and witnessed in counterparts as described in subsection (c). An attorney or directed paralegal may supervise the execution of a will in counterparts even if the supervising attorney or directed paralegal is one (1) of the will's attesting witnesses. When an attorney or directed paralegal supervises the execution of a will in counterparts as described in subsection (c), the attorney or directed paralegal must sign, date, and complete an affidavit of compliance within a reasonable time after all paper counterparts of the will have been signed by the testator and the witnesses. An affidavit of compliance under this subsection must be sworn or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain the following information: (1) The name and residence address of the testator. (2) The name and: (A) residential address; or (B) business address; for each witness who signs the will. (3) The address, city, and state in which the testator was physically located at the time the testator signed an original counterpart of the will. (4) The city and state in which each attesting witness was physically located when the witness signed an original counterpart of the will as a witness. (5) A description of the method and form of identification used to confirm the identity of the testator to the witnesses and to the supervising attorney or directed paralegal, as applicable. (6) A description of the audiovisual technology or other method used by the supervising attorney or paralegal, as applicable, the testator, and the witnesses for the purpose of interacting with each other in real time during the signing process. (7) A description of the method used by the testator and the witnesses to identify the location of each page break within the text of the will and to confirm that the separate paper counterparts of the will were identical in content. (8) A general description of how and when the attorney or paralegal, as applicable, physically combined the separate, signed paper counterparts of the will into a single composite paper document containing the will, the signature of the testator, and the signatures of all attesting witnesses. (9) The name, business or residence address, and telephone number of the attorney or directed paralegal who supervised the execution and witnessing of the will in counterparts. (10) Any other information that the supervising attorney or directed paralegal, as applicable, considers to be material with respect to: (A) the testator's capacity to sign a valid will; and (B) the testator's and witnesses' compliance with subsection (c). (e) When a party files a petition under IC 29-1-7 to probate a will that was executed and witnessed in counterparts under subsection (c), the party shall file a true copy of the affidavit of compliance under subsection (d) with the petition or at any time ordered by the court. A party who files a copy of the affidavit of compliance may redact private information from the affidavit in a manner consistent with Rule 5 of the Indiana Rules on Access to Court Records. If a will is executed and witnessed in counterparts under subsection (c) but without the supervision of an attorney or directed paralegal and that will is later offered for probate under IC 29-1-7, the will is voidable in the discretion of the court, upon objection to probate filed under IC 29-1-7-16, or upon a timely filed will contest under IC 29-1-7-17. (f) A will that is executed substantially in compliance with subsection (b) will not be rendered invalid by the existence of: (1) an attestation or self-proving clause or other language; or (2) additional signatures; not required by subsection (b). (g) A will executed in accordance with subsection (b) is self-proved if the witness signatures follow an attestation or self-proving clause or other declaration indicating in substance the facts set forth in section 3.1(c) or 3.1(d) of this chapter. (h) This section shall be construed in favor of effectuating the testator's intent to make a valid will. Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4. As amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1; P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1; P.L.176-2003, SEC.6; P.L.185-2021, SEC.2; P.L.9-2022, SEC.60.

Ind. Code § 29-1-5-3.1 Self-proving clause

Sec. 3.1. (a) This section applies to a will executed before, on, or after July 1, 2003. When a will is executed, the will may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to the will a self-proving clause that meets the requirements of subsection (c) or (d). If the testator and witnesses sign a self-proving clause that meets the requirements of subsection (c) or (d) at the time the will is executed, no other signatures of the testator and witnesses are required for the will to be validly executed and self-proved. (b) If a will is executed by the signatures of the testator and witnesses on an attestation clause under section 3(b) of this chapter, the will may be made self-proving at a later date by attaching to the will a self-proving clause signed by the testator and witnesses that meets the requirements of subsection (c) or (d). (c) A self-proving clause must contain the acknowledgment of the will by the testator and the statements of the witnesses, each made under the laws of Indiana and evidenced by the signatures of the testator and witnesses (which may be made under the penalties for perjury) attached or annexed to the will in form and content substantially as follows: We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare: (1) that the testator executed the instrument as the testator's will; (2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence; (3) that the testator executed the will as a free and voluntary act for the purposes expressed in it; (4) that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness; (5) that the testator was of sound mind when the will was executed; and (6) that to the best knowledge of each of the witnesses the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies. ______________ Testator ______________ ______________ Date Witness ______________ Witness (d) A will is attested and self-proved if the will includes or has attached a clause signed by the testator and the witnesses that indicates in substance that: (1) the testator signified that the instrument is the testator's will; (2) in the presence of at least two (2) witnesses, the testator signed the instrument or acknowledged the testator's signature already made or directed another to sign for the testator in the testator's presence; (3) the testator executed the instrument freely and voluntarily for the purposes expressed in it; (4) each of the witnesses, in the testator's presence and in the presence of all other witnesses, is executing the instrument as a witness; (5) the testator was of sound mind when the will was executed; and (6) the testator is, to the best of the knowledge of each of the witnesses, either: (A) at least eighteen (18) years of age; or (B) a member of the armed forces or the merchant marine of the United States or its allies. (e) If the testator and the attesting witnesses executed the will in two (2) or more counterparts on paper under section 3(c) of this chapter, the self-proving clause, if applicable, for the will must substantially be in the following form: "We, the undersigned testator and undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument, declare the following: (1) That the undersigned testator and witnesses interacted with each other in real time through the use of technology, and each witness was able to observe the testator and other witnesses throughout the signing process. (2) That the testator executed a complete counterpart of the instrument, in a readable form on paper, as the testator's will. (3) That, in the presence of both witnesses, the testator: (A) signed the paper counterpart of the will; (B) acknowledged the testator's signature already made; or (C) directed another individual to sign the paper counterpart of the will for the testator in the testator's presence. (4) That the testator executed the will as a free and voluntary act for the purpose expressed in the will. (5) That each of the witnesses, in the presence of the testator and of each other, signed one (1) or more other complete paper counterparts of the will as a witness. (6) That each paper counterpart of the will that was signed by the witness was complete, in readable form, and with content identical to the paper counterpart signed by the testator. (7) That the testator was of sound mind when the will was executed. (8) That, to the best knowledge of each witness, the testator was at least eighteen (18) years of age at the time the will was executed or was a member of the armed forces or of the merchant marine of the United States or its allies.". (f) This section shall be construed in favor of effectuating the testator's intent to make a valid will. As added by P.L.4-2003, SEC.2. Amended by P.L.185-2021, SEC.3.

Ind. Code § 29-1-5-3.2 Video

Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will's execution may be admissible as evidence of the following: (1) The proper execution of a will. (2) The intentions of a testator. (3) The mental state or capacity of a testator. (4) The authenticity of a will. (5) Matters that are determined by a court to be relevant to the probate of a will. As added by P.L.4-2003, SEC.3. Amended by P.L.185-2021, SEC.4.

Ind. Code § 29-1-5-3.3 Certain wills executed in reliance on supreme court order

Sec. 3.3. (a) This section applies to a will that is signed and witnessed: (1) on or after March 31, 2020; (2) before January 1, 2021; and (3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123. (b) Notwithstanding any other law or provision, a will described in subsection (a) that was signed and witnessed in compliance with: (1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or (2) the procedures and requirements set forth in section 3.1 of this chapter or IC 29-1-21-4; is not required to be reexecuted or reratified by the testator or the witnesses in compliance with the witnessing procedures specified under section 3 or 3.1 of this chapter as those chapters existed on June 30, 2020. (c) A proponent who offers a will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of a will described in subsection (a) has the burden of proving noncompliance with subsection (b). As added by P.L.185-2021, SEC.5.

Ind. Code § 29-1-5-4 Nuncupative will; requisites; limitations

Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be (1) Declared to be his will by the testator before two (2) disinterested witnesses; (2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and (3) Submitted for probate within six (6) months after the death of the testator. (b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars. (c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will. Formerly: Acts 1953, c.112, s.504.

Ind. Code § 29-1-5-5 Compliance with law

Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time the testator executes the will; or (3) the domicile of the testator at the time of execution or at the time of his death. Formerly: Acts 1953, c.112, s.505. As amended by P.L.40-2018, SEC.1.

Ind. Code § 29-1-5-6 Revocation; revival

Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed, subscribed and attested as required in section 3 or 3.1 of this chapter. A will can be revoked in part only by the execution of a writing as herein provided. And if, after the making of any will, the testator shall execute a second, a revocation of the second shall not revive the first will, unless it shall appear by the terms of such revocation to have been his intent to revive it, or, unless, after such revocation, he shall duly republish the previous will. Formerly: Acts 1953, c.112, s.506. As amended by Acts 1982, P.L.171, SEC.16; P.L.4-2003, SEC.4.

Ind. Code § 29-1-5-7 Nuncupative will; revocation

Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will. Formerly: Acts 1953, c.112, s.507.

Ind. Code § 29-1-5-8 Revocation; divorce; annulment of marriage; change in circumstances

Sec. 8. If after making a will the testator's marriage is dissolved or annulled, all provisions in the will in favor of the testator's former spouse are revoked as of the time of the dissolution or annulment of the marriage. The will provisions are reinstated if the testator remarries the former spouse. Formerly: Acts 1953, c.112, s.508. As amended by P.L.136-2018, SEC.214; P.L.99-2024, SEC.7.

Ind. Code § 29-1-5-9 Trust inter vivos; execution

Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend, or the power to control investments, or the power to consume the principal, or because it reserves to the maker or settlor any one or more of said powers. Formerly: Acts 1953, c.112, s.509. As amended by Acts 1982, P.L.171, SEC.17; P.L.4-2003, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/29Fetched: 10/17/2026