Free Indiana Last Will and Testament
Build a complete Indiana will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Indiana's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Indiana will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Indiana notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Indiana: In Indiana, the testator (18+ and of sound mind, or a member of the armed forces/merchant marine) signs the will, and at least two competent witnesses attest and subscribe in the presence of the testator and of each other. Indiana does not recognize holographic wills. A will is made self-proving by including the § 29-1-5-3.1 self-proving clause (a 'UNDER PENALTIES FOR PERJURY' declaration signed by the testator and both witnesses) — note Indiana's self-proving clause does not strictly require a notary, though notarization is commonly added.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Indiana, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Indiana law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Indiana.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Indiana.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (Ind. Code § 29-1-5-3.1) — sign this part before a notary to make probate easier:
(Self-proving clause, Ind. Code § 29-1-5-3.1(c) — "substantially as follows")
"UNDER PENALTIES FOR PERJURY, 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; and
(6) that to the best of the 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 signature] ____________ Date __________
[Witness signatures] ____________ / ____________
(If acknowledged before a notary) "Subscribed, acknowledged, and sworn to before me by [TESTATOR NAME], the testator, and by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DAY] day of [MONTH], [YEAR]."
____________ Notary Public (seal)
How to Sign Your Will in Indiana
In Indiana, the testator (18+ and of sound mind, or a member of the armed forces/merchant marine) signs the will, and at least two competent witnesses attest and subscribe in the presence of the testator and of each other. Indiana does not recognize holographic wills. A will is made self-proving by including the § 29-1-5-3.1 self-proving clause (a 'UNDER PENALTIES FOR PERJURY' declaration signed by the testator and both witnesses) — note Indiana's self-proving clause does not strictly require a notary, though notarization is commonly added.
Indiana requires 2 witnesses: Will must be signed by the testator (or by another in the testator's presence and at the testator's direction) and attested and subscribed in the presence of the testator by at least two competent witnesses (Ind. Code § 29-1-5-3). The witnesses must sign in the presence of the testator and of each other. Indiana voids a beneficial gift to a necessary subscribing witness (in excess of an intestate share) unless there are two other disinterested witnesses (Ind. Code § 29-1-5-2).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (Ind. Code § 29-1-5-3.1) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in Indiana?
No. Indiana does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in Indiana
Can you disinherit your spouse? You CANNOT fully disinherit a spouse. Indiana lets the surviving spouse ELECT TO TAKE AGAINST the will for ONE-HALF (1/2) of the net probate estate (real and personal). SPECIAL RULE: if the surviving spouse is a SECOND or subsequent spouse who had no children with the decedent, and the decedent left a child or descendant from a prior relationship, the electing spouse takes only one-third (1/3) of the net PERSONAL estate plus a life estate in (or 25% of the remainder value of) the decedent's lands — a reduced real-property share. The election must generally be made within the statutory window after the will is probated.
Children born after your will: Indiana protects a child born or adopted AFTER the will (and a child alive at execution but omitted because believed dead): under Ind. Code § 29-1-3-8, such a pretermitted child takes the intestate share they would have received, unless it appears the omission was intentional or the child was provided for outside the will. (Chapter 3 covers both taking-against-the-will and pretermitted-heir rights.) This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Indiana anti-lapse: if a devisee who is a descendant of the testator (or other protected relative) predeceases the testator leaving descendants who survive, the gift vests in those surviving descendants rather than lapsing, unless the will provides otherwise. Generator should include an express alternate-taker clause. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Indiana has NOT adopted the UPC 120-hour will-survival default. Indiana's Simultaneous Death Act (Ind. Code ch. 29-1-15... / 30-2-2) applies only when the order of deaths cannot be established. There is no general 120-hour buffer for ordinary devises, so the generator should draft an explicit survivorship period (30–60 days). The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: Indiana ENFORCES no-contest (forfeiture) clauses according to their express terms — BUT the clause does NOT apply to an action brought by a beneficiary if the court finds GOOD CAUSE (Indiana's equivalent of a probable-cause/good-faith exception), nor to a fiduciary's action unless the fiduciary is a beneficiary against whom the clause runs. Codified.
Digital assets: Indiana has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Indiana lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in Indiana?
Indiana gives a surviving spouse one-half of the estate when there are children, three-quarters when there are no children but a surviving parent, and everything when neither survives. Indiana's big trap is the 'second childless spouse' rule: if you remarry, have no kids with your new spouse, and leave children from a prior relationship, that surviving spouse gets only 25% of your real estate (the kids get the rest of the real estate outright) while still taking half of your personal property.
- Spouse, no children: Entire net estate. With no surviving issue and no surviving parent, the spouse takes all.
- Spouse and shared children: One-half (1/2) of the net estate to the spouse; the other one-half passes to the decedent's child or children (and the issue of any deceased child, per stirpes). With more than one child the children divide their half equally.
- Spouse and a child from another relationship: GOTCHA: If the surviving spouse is a SECOND or subsequent spouse who never had children with the decedent, and the decedent left children (or their descendants) from a prior relationship, the childless second spouse takes only 25% of the net fair market value of the decedent's REAL property (minus liens/encumbrances) - the fee vests immediately in the decedent's children. The second spouse still takes the normal one-half of the PERSONAL property. (A first spouse, or a spouse who had children with the decedent, takes the standard one-half.)
- Children, no spouse: No spouse: the entire net estate passes to the decedent's issue - children take equally, and the issue of any deceased child take that child's share per stirpes.
- No spouse or children: To the decedent's surviving parent(s) and siblings (and the issue of deceased siblings); a surviving parent shares with siblings but takes at least one-fourth. If none, to grandparents; then to the issue of grandparents; otherwise escheats to the state.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: Ind. Code § 29-1-2-1.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Indiana?
Yes, if you sign it correctly. Indiana requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Indiana will need to be notarized?
No. Indiana does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Indiana will need?
2 witnesses. Will must be signed by the testator (or by another in the testator's presence and at the testator's direction) and attested and subscribed in the presence of the testator by at least two competent witnesses (Ind. Code § 29-1-5-3). The witnesses must sign in the presence of the testator and of each other. Indiana voids a beneficial gift to a necessary subscribing witness (in excess of an intestate share) unless there are two other disinterested witnesses (Ind. Code § 29-1-5-2). They should be adults who do not inherit under the will.
Can I leave my spouse out of my Indiana will?
You CANNOT fully disinherit a spouse. Indiana lets the surviving spouse ELECT TO TAKE AGAINST the will for ONE-HALF (1/2) of the net probate estate (real and personal). SPECIAL RULE: if the surviving spouse is a SECOND or subsequent spouse who had no children with the decedent, and the decedent left a child or descendant from a prior relationship, the electing spouse takes only one-third (1/3) of the net PERSONAL estate plus a life estate in (or 25% of the remainder value of) the decedent's lands — a reduced real-property share. The election must generally be made within the statutory window after the will is probated.
What happens if I die without a will in Indiana?
Indiana gives a surviving spouse one-half of the estate when there are children, three-quarters when there are no children but a surviving parent, and everything when neither survives. Indiana's big trap is the 'second childless spouse' rule: if you remarry, have no kids with your new spouse, and leave children from a prior relationship, that surviving spouse gets only 25% of your real estate (the kids get the rest of the real estate outright) while still taking half of your personal property.
Does a Indiana will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Indiana?
Generally 18. Must be 18 or older OF SOUND MIND, OR a member of the armed forces, or of the merchant marine of the United States or its allies (Ind. Code § 29-1-5-1). You must also be of sound mind.
Can I write my will by hand in Indiana?
No. Indiana does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in Indiana?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Indiana requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Indiana estate-planning attorney. RecordingLaw.com is not a law firm.
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