Indiana Will Laws
Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.
Some key terms to keep in mind:
Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.
State Requirements and Will Type Recognition
Code Section§29-1-5-1, et seq.
- Can be made by any person of sound mind, at least 18 years old
- creation must be voluntary
- document must be made in writing
- document must be dated
- signed in presence of 2 adult witnesses
- notice must be made to declarants attending physician
- document is presumptive evidence of declarants intent
- not enforced if pregnant (sample form §16-36-410)
- Witnesses must not be related to declarant
Age of TestatorAny person of sound mind over 18 or who is younger and a member of the armed forces or U.S. merchant marine or allies of the U.S.
Number of Witnesses RequiredMust be signed and acknowledged in presence of two or more witnesses; witnesses must sign in presence of testator and each other.
Oral Will RecognitionValid only if made in imminent peril of death and testator dies from such peril; need two disinterested witnesses; one witness needs to reduce to writing within 30 days after declaration; and must be submitted to probate within 6 months after death; may only dispose of personal property not exceeding $1,000 in value; except persons in active military service in time of war can dispose of personal property not exceeding $10,000 in value; does not revoke existing written willâ€” only changed so as to give effect to the nuncupative will