Indiana Will and Trust Laws: Witnesses, Electronic Wills (2026)

Under Indiana law, a will must be executed by the signature of the testator and of at least two witnesses (Ind. Code 29-1-5-3). The testator signifies to the witnesses that the document is his or her will and signs it, acknowledges a signature already made, or has someone else sign at the testator's direction and in the testator's presence, and the witnesses must sign in the presence of the testator and of each other. No notary is required. Living trusts are governed by Indiana's own trust statutes in IC 30-4 rather than the Uniform Trust Code.

Two features stand out among the wills and trusts laws by state: Indiana allows electronic wills and supervised remote signing, but only with an attorney or directed paralegal overseeing the process, and its trust code sets a 90-day window to contest a trust that starts when the statutory trust certification and notice are received.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Indiana statutes on making, signing, changing and revoking wills (IC 29-1-5, 29-1-6 and 29-1-21) and on revocable living trusts (IC 30-4). It does not cover what happens when someone dies without a will or how estate administration works (see Indiana probate), small-estate procedures (see the Indiana small estate affidavit page), powers of attorney (see Indiana power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Indiana advance directive tool.

What makes a will valid in Indiana?

Who may make a will. Under IC 29-1-5-1, "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."

Writing. Under 29-1-5-2(a), "All wills except nuncupative wills shall be executed in writing."

Signatures and witnesses. Section 29-1-5-3(b) sets out the standard signing:

"(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." (Ind. Code 29-1-5-3(b))

Three points follow from the text:

• The testator must tell the witnesses, in their presence, that the document is the will.
• The witnesses must sign in the presence of the testator and of each other.
• An attestation clause or self-proving clause is not required for a valid will, although 29-1-5-3(a) lets the testator and witnesses execute the will by signing a self-proving clause under 29-1-5-3.1.

Interested witnesses

Under 29-1-5-2(b), any person competent to be a witness generally in Indiana may attest a will. If a witness is given an interest under the will and the will "cannot be proved without his testimony or proof of his signature thereto as a witness," the will "shall be void only as to him and persons claiming under him" (29-1-5-2(c)). If that witness would have taken an intestate share without the will, the witness keeps that share up to the value of the gift. Being named as executor, trustee, guardian or estate counsel does not make a witness interested (29-1-5-2(d)).

Wills signed in another state

Under 29-1-5-5, a will is legally executed if the manner of its execution complies with the law, in force at the time of execution or at the testator's death, of Indiana, of "the jurisdiction that the testator is actually present in at the time the testator executes the will," or of the testator's domicile at execution or death.

Does an Indiana will need to be notarized? The self-proving clause

No. Section 29-1-5-3 requires the signatures of the testator and witnesses, not a notary. Indiana's self-proving clause is also signed without one.

Under 29-1-5-3.1(c), a self-proving clause contains the testator's acknowledgment of the will and the witnesses' statements, "evidenced by the signatures of the testator and witnesses (which may be made under the penalties for perjury) attached or annexed to the will." The clause covers that the testator signed or acknowledged the will in the presence of both witnesses, acted freely, was of sound mind and met the age or service requirement, and that the witnesses signed in the presence of the testator and each other. The statutory wording is in 29-1-5-3.1(c) and (d); this page does not reproduce it.

Timing is flexible:

• At signing. If the testator and witnesses sign a qualifying self-proving clause when the will is executed, "no other signatures of the testator and witnesses are required for the will to be validly executed and self-proved" (29-1-5-3.1(a)).
• Later. A will executed with an attestation clause "may be made self-proving at a later date by attaching to the will a self-proving clause signed by the testator and witnesses" (29-1-5-3.1(b)).

What self-proving does: if the will is self-proved, "compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and verifications annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or verification" (IC 29-1-7-13(c)). Other probate steps are covered on the Indiana probate page.

Are handwritten (holographic) wills valid in Indiana?

Not as a separate category. Section 29-1-5-3(a) provides that "A will, other than a nuncupative will, must be executed by the signature of the testator and of at least two (2) witnesses," and chapter 5 (29-1-5-1 through 29-1-5-9) contains no exception for a will written in the testator's own hand. A handwritten will is valid in Indiana if it is signed and witnessed like any other will.

One route remains for a handwritten will signed elsewhere: under 29-1-5-5, a will is legally executed if it complies with the law of the place where the testator was present when signing it or of the testator's domicile at signing or death.

Are oral (nuncupative) wills valid in Indiana?

Only in a narrow situation. Under IC 29-1-5-4(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." It 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."

Under 29-1-5-4(b), it "may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars," except that for persons in active military, air or naval service in time of war the limit is $10,000. An oral will does not revoke an existing written will; the written will is changed only as far as needed to give the oral will effect (29-1-5-4(c)).

Electronic wills and remote signing

Indiana has three ways to execute a will: the standard paper signing in 29-1-5-3(b), a paper will signed in counterparts under supervision (29-1-5-3(c) and (d)), and an electronic will under IC 29-1-21. The electronic-wills chapter was added by P.L.40-2018. The counterpart procedure and the supervised audiovisual signing of electronic wills came from P.L.185-2021 (House Enrolled Act 1255), effective April 29, 2021. Under 29-1-5-3.2, subject to the trial and evidence rules, a video recording, photographs or an audio recording made during a will's execution "may be admissible as evidence" of matters including the proper execution of the will and the testator's intentions.

Electronic wills

Section 29-1-21-1 states the chapter's purpose: to provide rules "for the valid execution, attestation, self-proving, and probate of wills that are prepared and signed electronically." A properly signed and maintained electronic will receives "all the normal presumptions that apply to a traditional paper will that is validly signed and executed."

Under 29-1-21-4(a), an electronic will "must be executed by the electronic signature of the testator and attested to by the electronic signatures of at least two (2) witnesses," in this manner:

• The testator, the witnesses and anyone signing for the testator "must be in each other's presence when the electronic signatures are made," and the testator and witnesses "must be able to interact with each other and the witnesses must be able to observe the testator and each other as the electronic will is being signed."
• The testator must state, in the witnesses' presence, that the instrument is the testator's will.
• The testator signs electronically in the witnesses' presence, or directs another adult who is not a witness to sign for the testator in the presence of the testator and the witnesses.
• The witnesses sign electronically in the presence of the testator and each other, after the testator has signed.
• The testator (or the adult signing for the testator) commands the software to finalize the will as an electronic record.

Remote signing requires a supervising attorney or paralegal

Under 29-1-21-4(b), if the testator and witnesses "are not in each other's physical presence" and use audiovisual technology to satisfy the presence requirement, "an attorney or a directed paralegal must supervise the signing and the witnessing of the electronic will." Within a reasonable time afterward, the supervisor must sign an affidavit of compliance under the penalties of perjury (29-1-21-4(c)). The affidavit must include, among other items:

• the testator's name and residential address and each witness's name and address;
• where the testator and each witness were physically located when signing;
• "a description of the method and form of identification used to confirm the identity of the testator";
• the method used to interact in real time and to capture the electronic signatures; and
• the supervisor's name, address and telephone number.

A true copy of the affidavit is filed with the petition to probate the will (29-1-21-4(d)). If a remotely witnessed electronic will was executed "without the supervision of an attorney or directed paralegal" and is later offered for probate, "the will is voidable in the discretion of the court, upon objection to probate" or upon a timely will contest (29-1-21-4(d)).

An electronic will may be self-proved when it is signed and before it is finalized, using a clause in the form set out in 29-1-21-4(f); it does not need an attestation or self-proving clause to be valid (29-1-21-4(e)). Under 29-1-21-7, an electronic will is legally executed if its execution complies with the law of Indiana, of the place where the testator was actually present, or of the testator's domicile at execution or death.

Paper wills signed in counterparts

Section 29-1-5-3(c) lets the testator and witnesses, "Under the supervision of an attorney or directed paralegal," sign a paper will in two or more original counterparts: the testator signs one counterpart in the presence of the witnesses, and the witnesses sign one or more different counterparts. The testator, or a person acting at the testator's specific direction, must physically assemble all the signed counterparts "not later than five (5) business days after all the paper counterparts have been signed." If the testator dies before the counterparts are assembled, "the intervening death of the testator shall not affect the validity of the will."

Under 29-1-5-3(d), "An attorney or directed paralegal must supervise the execution of a will that is signed and witnessed in counterparts," and must sign an affidavit of compliance describing, among other things, the locations of the testator and witnesses, the method and form of identification used for the testator, and "the audiovisual technology or other method used" for interacting in real time during the signing.

Revoking an electronic will

Section 29-1-21-8 sets "the exclusive methods for revoking an electronic will": a new electronic or paper will that explicitly revokes all prior wills; permanently deleting every copy of the electronic record in the testator's control (when no custodian is used); a revocation document signed by the testator and two witnesses; or a written instruction to the custodian or attorney storing the will to delete it.

The 2020 emergency order (expired)

Section 29-1-5-3.3 deals with wills signed and witnessed on or after March 31, 2020 and before January 1, 2021 in reliance on the Indiana Supreme Court's March 31, 2020 order in case number 20S-MS-237, as supplemented or extended by later orders. Those wills, if they followed the order's procedures or the self-proving or electronic-will rules, need not be re-executed. The emergency procedure itself applied only to that 2020 window; current signings follow the rules above.

Changing or revoking an Indiana will

Methods of revocation

Under IC 29-1-5-6, a written will or any part of it is revoked only if "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." The section adds that "A will can be revoked in part only by the execution of a writing as herein provided."

Reviving an earlier will

Under the same section, when a testator makes a second will and then revokes it, the revocation "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."

Divorce and annulment

Three sections apply, and they reach different documents.

• The will (29-1-5-8). "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."

• A revocable trust (30-4-2-15). If, after creating a revocable trust, the settlor's marriage is dissolved or annulled, "all provisions in the revocable trust in favor of the settlor's former spouse are revoked as of the time of the dissolution or annulment," and they are reinstated if the settlor remarries the former spouse. The section does not apply to a trust that is irrevocable on the date of the divorce or annulment, or to a trust created by the spouses under a written agreement with each other that requires it, or by a court order (30-4-2-15(a)).

• Transfer on death designations (32-17-14-23). Under Indiana's Transfer on Death Property Act, if the owner's marriage is dissolved or annulled after the owner makes a beneficiary designation, "any provision of the beneficiary designation in favor of the owner's former spouse is revoked on the date the marriage is dissolved or annulled" (32-17-14-23(a)). This does not apply to a provision that has been made irrevocable or revocable only with the spouse's consent, is made after the divorce or annulment, or expressly states that the divorce or annulment does not affect the designation (32-17-14-23(b)). A provision revoked solely by this rule is revived by remarriage to the former spouse or by a nullification of the divorce or annulment (32-17-14-23(c)). The Act does not apply to property or benefits paid at death under a life or accidental death insurance policy, annuity or other product sold or issued by a life insurance company "unless the provisions of this chapter are incorporated into the policy or beneficiary designation in whole or in part by express reference" (32-17-14-2(c)).

Federal law limits the beneficiary-designation rule. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

The will and revocable-trust sections were amended by P.L.99-2024, effective July 1, 2024.

Notice to start a will-contest period during the testator's life

Since 2023 (P.L.38-2023), a testator, or the testator's agent at the testator's direction, may send a written notice to any beneficiary named in the will, anyone who would inherit if the testator died without a will on the date the notice is received, and anyone the testator wishes to bar from contesting the will (IC 29-1-7-16.5(a)). The notice must include a copy of the will and the name and address of each person notified, and it must be sent under Rules 4.1 through 4.6 of the Indiana Rules of Trial Procedure (29-1-7-16.5(c), (d)). "A person who wishes to contest the validity of the will must file a proceeding to contest the will within ninety (90) days after the receipt of the notice, unless the testator dies before the ninety (90) day period has elapsed" (29-1-7-16.5(e)).

Children born or adopted after the will

Under IC 29-1-3-8(a), a child born or adopted after the testator's last will who is not provided for receives a share equal in value to an intestate share, "unless it appears from the will that such omission was intentional," or unless the testator had one or more children known to be living when the will was executed and devised substantially all of the estate to the surviving spouse. A child the testator believed to be dead when making the will is also protected unless the will or other evidence shows the testator would not have provided for the child (29-1-3-8(b)). The intestate shares these sections refer to are explained on the Indiana probate page.

Limits on what an Indiana will can do

Spouse's right to take against the will. Under IC 29-1-3-1(a), when a married person dies with a will, the surviving spouse may elect to take against it and "is entitled to one-half (1/2) of the net personal and real estate of the testator." A second or later spouse who never had children with the decedent, where the decedent left children or their descendants by a previous spouse, instead takes "one-third (1/3) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of" the fair market value of the decedent's real property at death minus liens and encumbrances. In computing the net estate, "the court shall consider only such property as would have passed under the laws of descent and distribution."

The election "must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made" (29-1-3-2(a)). If certain litigation affecting the share is pending when that period ends, the right is not barred until 30 days after the litigation is finally determined (29-1-3-2(b)). The right can be waived before or after marriage by a signed written agreement made after full disclosure, for fair consideration (29-1-3-6).

No-contest clauses. Under IC 29-1-6-2(a), "a no contest provision is enforceable according to the express terms of the no contest provision." Subsection (b) lists proceedings it does not reach, including "An action brought by a beneficiary if good cause is found by a court," actions by the executor or other fiduciary (unless that fiduciary is a beneficiary against whom the clause is otherwise enforceable), settlement agreements, actions to decide whether a filing is a contest, construction actions, rulings on matters within the court's discretion, and certain actions by the attorney general. The trust code has a parallel rule: a no-contest provision in a trust "is enforceable according to the express terms of the no contest provision," subject to a similar list of exceptions, including "An action brought by a beneficiary if good cause is found by a court" (IC 30-4-2.1-3).

Lapse. Under 29-1-6-1(g), a devise to a descendant of the testator who dies before the testator, leaving a descendant who survives the testator, "shall not lapse"; the property vests in the surviving descendant of the devisee. A failed devise that is not part of the residuary clause becomes part of the residue.

Lists, references and storing a will

• Tangible personal property list. Under 29-1-6-1(m), a will may refer to a written statement or list disposing of tangible personal property (other than property used in a trade or business) not otherwise specifically disposed of. The writing "must be signed by the testator and must describe the items and the beneficiaries with reasonable certainty," may be prepared before or after the will, and may be altered later; if writings conflict, the most recent controls. A revocable trust may use a similar list under IC 30-4-2.1-11.
• Incorporation by reference. Under 29-1-6-1(h), a writing referred to in a will that is clearly identified and exists both when the will is executed and at the testator's death is given effect as it existed when the will was executed.
• Will deposit. Under 29-1-7-3.1, a person may deposit a will with the circuit court clerk of the county where the testator lived when the will was executed. The fee is $25, with waivers in limited circumstances.
• Electronic registry. Under 29-1-22-2, the Indiana Supreme Court and the Office of Judicial Administration are authorized to establish a statewide electronic estate planning documents registry under court rules.
• Producing the will after death. Under 29-1-7-3, the person with custody of a will may deliver it to the court, and must do so on written demand by the personal representative or on court order. A person who fails without just cause to produce the will after being served with a production order is in contempt and liable for resulting damages.

Revocable living trusts in Indiana

The trust code

Indiana's trust statutes are in Article 4 of Title 30 (IC 30-4), which traces to Acts 1971, P.L.416. Indiana did not adopt the Uniform Trust Code.

Creating a trust: a signed writing

Under IC 30-4-2-1(a), "A trust in either real or personal property is enforceable only if there is written evidence of the terms of the trust bearing the signature of" the settlor, the settlor's authorized agent, or an eligible adult who signs at the settlor's direction "in the direct physical presence of the settlor." An adult who signs for the settlor cannot be a named trustee, a relative of the settlor, or a person with a beneficial interest or power of appointment under the trust, and the written terms must identify that signer and state those facts (30-4-2-1(a), (b)).

Will formalities do not apply. Under IC 29-1-5-9, an instrument creating an inter vivos trust "need not be executed as a testamentary instrument" under the will-signing sections, "even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend." No formal language is required, but the terms must be definite enough to identify the trust property, trustee, beneficiary and purpose (30-4-2-1(c)). A trust can be valid even if its only asset is the trustee's right to receive property later, such as through a will, life insurance or retirement benefits (30-4-2-1(d)).

Capacity and the settlor's control

Under 30-4-2-10(b), "The capacity of a settlor that is required to create, amend, revoke, or add property to a revocable trust is the same as the capacity of a testator that is required to make a will." While a trust is revocable and the settlor has capacity to revoke it, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor (30-4-3-1.3(a)). The settlor is presumed to have that capacity "until the trustee receives from at least one (1) licensed physician written certification that the settlor lacks the capacity to revoke the trust" (30-4-3-1.3(b)).

Revocable by default, and how to revoke or amend

Section 30-4-3-1.5(a) "applies to a trust created under an instrument executed after June 30, 2005. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust."

Under 30-4-3-1.5(c), the settlor may revoke or amend a revocable trust by a method the trust provides. If the trust provides none, or its method is not expressly exclusive, the settlor may use:

• "a later will or codicil that: (i) expressly refers to the trust; or (ii) specifically devises property that would otherwise have passed according to the terms of the trust"; or
• "any other method that: (i) is in writing; and (ii) manifests clear and convincing evidence of the settlor's intent."

Other rules in the same section:

• Two settlors. Unless the trust says otherwise, community property in a joint trust may be revoked by either spouse alone but amended only by both, and other property may be revoked or amended by each settlor as to that settlor's contribution (30-4-3-1.5(b)).
• Agents and guardians. An agent under a power of attorney may exercise the settlor's revocation and amendment powers "only to the extent expressly authorized by the terms of the trust or the power of attorney" (30-4-3-1.5(g)); a guardian may do so only with the approval of the supervising court (30-4-3-1.5(h)). See Indiana power of attorney laws.
• Property not yet returned. If a single settlor revokes the trust and the trustee has not delivered the property by the settlor's death, the remaining property becomes part of the settlor's probate estate unless the trust provides otherwise (30-4-3-1.5(e)).

A trust signed electronically has its own amendment and revocation methods under IC 30-4-1.5-6, including a later will or codicil, an electronically signed record, or a paper record signed by the settlor that shows clear and convincing intent and specifies the change.

Certification of trust

Under IC 30-4-4-5(a), "A trustee may furnish to a person other than a beneficiary a certification of trust instead of a copy of the trust instrument." It must state that the trust exists and when the instrument was executed, the settlor, the acting trustee and address, the trustee's powers, "The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust," the co-trustees' signing authority and how title is taken. A person who relies on it without knowing it is incorrect "is not liable to any person for acting in reliance on the certification of trust" (30-4-4-5(f)).

Deadline to contest a trust

Section 30-4-6-14(a) requires a person to start a proceeding to contest the validity of a trust that is irrevocable or revocable at the settlor's death, or revocable when the notice is given, within the earlier of:

1. 90 days after the person receives from the trustee, the settlor or their agent a copy of the trust certification required by 30-4-4-5 and a notice that informs the person of the trust's existence, states the trustee's name and address, states the person's interest in the trust (or that the person has none), and states the time allowed for a contest; or
2. Three years after the settlor's death.

If the notice is sent while the settlor is living, a complete copy of the trust instrument must go with it (30-4-6-14(b)). More than 120 days after the death of the settlor of a revocable trust, the trustee may distribute the trust property under its terms without liability unless the trustee knows of a pending contest, or a potential contestant notifies the trustee of a possible contest and files suit within 60 days after sending that notification (30-4-6-14(c)).

Pour-over wills

A pour-over will adds property to an existing trust. Under IC 29-1-6-1(j), "If a testator devises or bequeaths property to be added to a trust or trust fund which is clearly identified in the testator's will and which trust is in existence at the time of the death of the testator, such devise or bequest shall be valid and effective." Unless the will provides otherwise, the property is subject to the trust instrument, "including any amendments or modifications in writing made at any time before or after the execution of the will and before or after the death of the testator."

Indiana wills and trusts at a glance

Making a will in practice

The site's free Indiana will-maker tool can help draft a basic will. Whatever produces the document, signing must follow IC 29-1-5-3 (or, for an electronic will, 29-1-21-4), and remote or counterpart signing requires a supervising attorney or directed paralegal. Complex estates, blended families, business interests or tax concerns are reasons to consult a lawyer licensed in Indiana. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Indiana probate
• Indiana small estate affidavit
• Indiana power of attorney laws

This article provides general legal information about Indiana law on wills and revocable trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Indiana or the court that handles probate in your county.

Last updated: 2026-10-20.

Frequently Asked Questions

How many witnesses does a will need in Indiana?

At least two. Under IC 29-1-5-3, the testator signifies to two or more attesting witnesses that the instrument is the will and signs it, acknowledges the signature, or has someone else sign at the testator's direction and in the testator's presence, and the witnesses sign in the presence of the testator and each other.

Is a handwritten will valid in Indiana?

Not on its own. Section 29-1-5-3 requires every will other than a nuncupative will to be signed by the testator and at least two witnesses, and chapter 5 has no exception for a handwritten will. A handwritten will that was validly executed under the law of the place where it was signed or of the testator's domicile is legally executed under 29-1-5-5.

Does a will have to be notarized in Indiana?

No. Section 29-1-5-3 requires the testator's and witnesses' signatures, not a notary. The optional self-proving clause in 29-1-5-3.1 is signed by the testator and witnesses, and their signatures may be made under the penalties for perjury.

Are oral wills valid in Indiana?

Only in a narrow case. Under IC 29-1-5-4, a person in imminent peril of death who dies of that peril may declare a will before two disinterested witnesses; it must be reduced to writing within 30 days, submitted for probate within six months after death, and may pass only personal property up to $1,000 ($10,000 for persons in active military, air or naval service in time of war).

Can I sign a will electronically or remotely in Indiana?

Indiana recognizes electronic wills under IC 29-1-21. The testator and two witnesses must be in each other's presence when they sign; if they use audiovisual technology instead of physical presence, an attorney or directed paralegal must supervise and sign an affidavit of compliance (29-1-21-4). Paper wills signed in counterparts have a similar supervised procedure in 29-1-5-3(c) and (d).

Does divorce revoke a will in Indiana?

Under IC 29-1-5-8, dissolution or annulment of the testator's marriage revokes all provisions in the will in favor of the former spouse, and they are reinstated if the testator remarries the former spouse. Separate sections with their own conditions apply to revocable trusts (30-4-2-15) and transfer-on-death beneficiary designations (32-17-14-23); see the divorce section.

Is a living trust revocable in Indiana?

For a trust created under an instrument executed after June 30, 2005, yes unless its terms expressly provide that it is irrevocable (IC 30-4-3-1.5(a)). If the trust does not set an exclusive method, the settlor may revoke or amend it by a later will or codicil that refers to the trust or specifically devises its property, or by another writing that shows clear and convincing evidence of intent.

How long do you have to contest a trust in Indiana?

Under IC 30-4-6-14, a proceeding to contest a trust must begin within the earlier of 90 days after the person receives a copy of the trust certification and a notice with the contents the section lists, or three years after the settlor's death.

Can a spouse be left out of a will in Indiana?

A surviving spouse may elect to take against the will under IC 29-1-3-1, generally one-half of the net personal and real estate, with a smaller share for a childless second or later spouse when the decedent left children by a previous spouse. The election must be made within three months after the order admitting the will to probate, subject to an extension while certain litigation is pending (29-1-3-2).