Home › Indiana Estate Planning › Last Will and Testament
Indiana runs one of the country’s most demanding signing ceremonies: you must tell your witnesses the document is your will, and both witnesses must sign in your presence and in each other’s. Handwritten wills without witnesses are invalid — yet Indiana has authorized fully electronic wills since 2018. And its intestacy statute contains a rule that can strip a remarried spouse of three-quarters of the family home. Online services prepare an Indiana-specific will for $199–$299. Every rule below cites the Indiana Code.
If you’ve remarried, Indiana’s default rule is brutal — and a will overrides it.
A childless second spouse can inherit as little as a quarter of the real estate. An online service like Trust & Will prepares an Indiana-specific will with the witness pages laid out so the strict ceremony is satisfied.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Indiana Will Requirements (2026)
IC 29-1-5-3 sets the execution rules, and Indiana asks for more steps than most states:
| Requirement | Indiana rule | Statute |
|---|---|---|
| In writing | A written document — or a compliant electronic will (below) | IC 29-1-5-3; IC 29-1-21 |
| Publication | You must signify to the witnesses that the instrument is your will | 29-1-5-3(b)(1) |
| Signed | You sign, acknowledge a signature already made, or direct another to sign in your presence — all in the presence of two or more attesting witnesses | 29-1-5-3(b)(1) |
| Witnessed | The witnesses must sign in your presence and in each other’s presence | 29-1-5-3(b)(2) |
| Notarized | Not required. An attestation or self-proving clause isn’t even required for validity — though one makes the will self-proved | 29-1-5-3(b), (g) |
Indiana softens the strictness at the edges: extra clauses or signatures don’t invalidate a will (29-1-5-3(f)), and the section is expressly “construed in favor of effectuating the testator’s intent” (29-1-5-3(h)).
The counterpart rule — and its trap
Indiana allows a will to be executed in two or more paper counterparts — your signature on one, the witnesses’ on another — but only under the supervision of an attorney or a directed paralegal (29-1-5-3(c)). Do it without that supervision and the will becomes voidable at the court’s discretion if anyone objects at probate (29-1-5-3(e)). If you’re signing without a lawyer, everyone signs the same document, in the same room.
Handwritten Wills Are Invalid in Indiana
Indiana does not recognize holographic wills. There is no handwriting exception to the two-witness ceremony — a signed handwritten page with no witnesses, valid across the state line in Michigan, is not a will in Indiana. Handwriting is fine; skipping the witnesses is not. Kentucky, directly south, goes the other way: a will wholly in the testator’s own handwriting needs no witnesses at all there.
Electronic Wills: Authorized in Indiana Since 2018
Indiana was one of the earliest states to enact an electronic wills statute (IC 29-1-21, 2018). An electronic will may be signed with electronic signatures and attested by two witnesses, and it can be made self-proving by an e-signed clause without notarization — unusual among e-will states. Indiana also permits, but does not require, an electronic custodian to hold the will.
One caution worth stating plainly: the rules on whether witnesses may participate remotely (by video) as opposed to in actual presence have shifted since 2018, including through pandemic-era orders. If you’re considering an electronic will with remote witnesses, confirm the current requirements with an Indiana attorney before relying on it. Executing on paper with everyone present sidesteps the question entirely, and it’s what most Hoosiers still do.
Dying Without a Will in Indiana: The Second-Spouse Rule
Indiana’s intestacy statute (IC 29-1-2-1) starts conventionally and then does something few states do:
| Your situation | What your spouse receives |
|---|---|
| Survived by a child or a deceased child’s issue | One-half of the net estate (§ 29-1-2-1(b)(1)) |
| No issue, but a parent survives | Three-quarters of the net estate (§ 29-1-2-1(b)(2)) |
| No issue and no parent | All of it (§ 29-1-2-1(b)(3)) |
| A second (or later) spouse who never had children with you, where you left children from a previous marriage | Only 25% of the real estate’s fair market value minus liens — and the fee vests immediately in your children. Personal property follows the normal share above. (§ 29-1-2-1(c)) |
That last row deserves a second read. A widow or widower in a second marriage — who raised no children with the deceased — takes a quarter of the equity in the home, and the children from the first marriage take title outright the moment their parent dies. Not a life estate. Not the right to stay. A quarter of the net value. In a state where second marriages are ordinary and the family home is usually the largest asset, no other sentence in the Indiana Code disinherits more surviving spouses. A will replaces it entirely.
What a Will Costs in Indiana
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid in Indiana |
| Online service | $199 individual / $299 couple | Indiana-specific will with witness pages and self-proving clause, done in about an hour |
| Indiana attorney | Flat fees vary — Indianapolis metro runs above the rest of the state | Custom drafting and counsel — and the only safe route to counterpart execution |
Online pricing verified against Trust & Will’s published rates (August 2026). Indiana’s bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Indiana compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What an Indiana Will Does Not Do
1. A will does not avoid probate. Indiana probate is comparatively affordable, and small estates have simplified options — but a will still goes through the court. For the comparison, see what a living trust costs in Indiana.
2. A will does not cover incapacity. It operates only at death. Pair it with a durable power of attorney and health care appointment — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts pass to the named beneficiary no matter what the will says.
Will vs. Trust for Indiana Families
Every Indiana adult needs a will — and remarried Hoosiers with children from a prior marriage need one urgently, because the default rule above is among the harshest in the country. Whether to add a living trust is a gentler question here than in high-cost-probate states: Indiana’s probate is manageable, so the trust case usually rests on blended families, privacy, incapacity, or property in more than one state. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Indiana living trust cost guide.
If the will is what you need today, Trust & Will’s Indiana package includes the witness pages, guardianship nominations, and healthcare documents — build your Indiana will here.
FAQ
Does a will have to be notarized in Indiana?
No — and Indiana doesn’t even require an attestation or self-proving clause for validity (29-1-5-3(b)). Including one makes the will self-proved, which saves your family trouble at probate.
Do my witnesses have to watch each other sign?
Yes. Indiana requires the attesting witnesses to sign in your presence and in each other’s presence (29-1-5-3(b)(2)) — stricter than most states, where separate or delayed signing is allowed.
Do I have to tell my witnesses it’s a will?
Yes. Indiana requires you to signify to the witnesses that the instrument is your will (29-1-5-3(b)(1)). Skipping the declaration is a classic way an Indiana will fails.
Are handwritten wills legal in Indiana?
Only with witnesses. Indiana recognizes no unwitnessed holographic wills — handwriting plus the full ceremony is valid; handwriting alone is not.
Can I make an electronic will in Indiana?
Yes — Indiana has authorized electronic wills since 2018 (IC 29-1-21), and they can be self-proving without a notary. Whether witnesses may attend remotely has changed over time, so confirm current requirements with an Indiana attorney before relying on remote witnessing.
What happens if I die without a will in Indiana?
Your spouse takes half if you have children, three-quarters if you have no children but a surviving parent. But a childless second spouse, where you left children from a previous marriage, receives only 25% of the net value of your real estate — the children take title (§ 29-1-2-1(c)).
Indiana Law Cited on This Page
- IC 29-1-5-3 — signatures; counterparts; self-proving
- IC 29-1-2-1 — intestate estate distribution, including the second-spouse rule
Update log — August 2026: page created; execution and intestacy requirements verified against the 2025 Indiana Code. Electronic-will remote-witnessing rules have changed since the 2018 act and are described here with that caveat rather than as settled detail. Reviewed when Indiana law changes.