Indiana

Overview

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.

Operative Facts

1. Can be made by any person of sound mind, at least 18 years old
2. creation must be voluntary
3. document must be made in writing
4. document must be dated
5. signed in presence of 2 adult witnesses
6. notice must be made to declarants attending physician
7. document is presumptive evidence of declarants intent
8. not enforced if pregnant (sample form §16-36-410)
9. Witnesses must not be related to declarant

Age of Testator

Any 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 Required

Must be signed and acknowledged in presence of two or more witnesses; witnesses must sign in presence of testator and each other.

Oral Will Recognition

Valid 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 will— only changed so as to give effect to the nuncupative will

Holographic Will Recognition

No statutory provisions