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Last Will and Testament Template - Indiana
An Indiana Last Will and Testament is a legal document written in order to set forth how an individual wishes their property to be distributed upon their death. It is also the document used for naming a guardian for any minor children or dependants the individual may have.
Certain Indiana-specific formalities must be followed when creating a Last Will or making changes to an existing one. If these are not observed one of two things can happen:
- When an individual dies without leaving a legal will their property and assets pass to their heirs according to the Indiana intestacy law.
- The estate may pass to the individual's beneficiaries under the terms of a prior will if it exists, can be located, and considered valid.
The Indiana Last Will is defined by the IC 29-1-1-3(27) and regulated by the Probate Title 29 . The document needs signatures from two (2) witnesses. Download a ready-made form below or make your own Will with our online template.
What Is a Last Will and Testament in Indiana?
A Last Will gives the Testator the opportunity to distribute their estate, property and digital assets between spouses, children, partners, friends, relatives, and organizations. The Testator has the option to elect the estate's Executor. The Executor is the person - either a close friend or a professional accountant or consultant - who will be responsible for carrying out the provisions of the will.
There are several types of wills:
- A Testamentary Will is a formally prepared document signed in the presence of witnesses.
- A Holographic Will is a written unwitnessed will that rarely holds up in court.
- An Oral Will is a spoken testament given before witnesses.
How to Write a Will and Testament in Indiana?
The Testator can choose what to include in a will. There are several main steps that the Testator must take to create their will in Indiana.
- Describe marital status and list all children. For the purposes of a will, the Testator must note whether they are married as well as whether they have any children - both those born to the Testator and those that have been legally adopted. All children and dependents must be included even if they are not given a portion of the Testator's assets.
- Elect Beneficiaries. The most important part of a Last Will is the appointment of beneficiaries. Beneficiaries are the individuals or organizations that will inherit the Testator's estate and property.
- Appoint a representative or an executor. An Executor must be appointed by the Testator in their will. The Executor will be in charge of carrying out the Testator's wishes concerning their property and will make sure that the beneficiaries get the correct portion of their inheritance as described in the will.
Download Last Will and Testament Template - Indiana
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