Estate plan

Indiana

Everything to plan your estate in Indiana: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

Trust

—

POA

2W + N

Healthcare Dir.

E-will

Adopted

Since 2018

RON

Since 2018

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

Will

Ind. Code §29-1-5-1 et seq.

Witnesses: 2 required

Two attesting witnesses must sign in the presence of the testator and each other (Ind. Code §29-1-5-3(b)(2))

Witnesses sign together: Required

Indiana requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Indiana does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

ViewSelf-proving affidavit wording

State of Indiana County of _______________ We, {testatorName}, the Testator, and the Witnesses whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare under penalty of perjury under the laws of the State of Indiana that the Testator signed and executed the instrument as the Testator's last will, that the Testator signed willingly (or willingly directed another to sign for the Testator), that the Testator executed it as the Testator's free and voluntary act for the purposes therein expressed, that each of the Witnesses, in the presence of the Testator and in the presence of each other, signed the will as a witness, and that, to the best of each Witness's knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence (Ind. Code §29-1-5-3.1(c)). Subscribed, sworn, and acknowledged before me by the Testator, {testatorName}, and subscribed and sworn to before me by the Witnesses, this _____ day of ______________, 20____.

ViewIndependent administration recital

I direct that my estate be administered as an unsupervised administration under Ind. Code §29-1-7.5-2(b)(1). I expressly authorize my Personal Representative to administer my estate without continuous supervision by the probate court, except as Ind. Code §29-1-7.5 et seq. otherwise requires for the admission of this Will to probate, the issuance of letters testamentary, and any matter that the Personal Representative or an interested person elects to bring before the court. Nothing in this direction is intended to waive any heir's, devisee's, or other interested person's statutory right under Ind. Code §29-1-7.5-2 to petition the court at any time for the entry of an order requiring supervised administration, and any such right remains exercisable notwithstanding this clause.

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Durable Power of Attorney

Witnesses: 2 required

Indiana requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Durability is presumed unless the instrument states otherwise

•Ind. Code §30-5-4-1 requires the principal's signature to be acknowledged before a notary public. For powers of attorney executed on or after July 1, 2021, the 2021 amendments (P.L.185-2021, SEC.18-22) added §§30-5-4-1.3, -1.5, -1.7, and -1.9, which provide an alternative witness-execution path: two attesting witnesses signing in the presence of the principal and each other. Notarization and the witness alternative are separate paths to validity; the original notarial path remains controlling, with the witness path available where a notary cannot be readily obtained. The witnesses must be competent under Indiana law and free of disqualifying interest under §30-5-4-1.3.

ViewWitness disqualification recital

I am competent to be a witness in the State of Indiana and have no interest in this power of attorney, in the principal's estate, or in any property subject to this power of attorney that would disqualify me from acting as an attesting witness under Ind. Code §30-5-4-1.3 (as added by P.L.185-2021, SEC.19, effective July 1, 2021).

Healthcare Directive

Ind. Code §16-36-7-1 et seq.

Witnesses: 2 required, or notary

Indiana accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. Ind. Code §16-36-7-28

State-specific notes

•Execution under Ind. Code §16-36-7-28(c). An advance directive must be signed in the declarant's presence by two (2) adult witnesses, at least one (1) of whom may not be the spouse or other relative of the declarant, OR be acknowledged by the declarant before a notarial officer who completes a notarial certificate. The witness rule and the notarial-acknowledgment rule are alternatives; only one must be satisfied.

•Witness exclusion under Ind. Code §16-36-7-28(b). A person who signs the advance directive on behalf of the declarant cannot also serve as a witness or as the declarant's health care representative.

•Governing law. This Healthcare Directive is governed by the Indiana Health Care Decisions Act, Ind. Code §16-36-7-1 et seq. (codified 2021; amended 2023). The Indiana Health Care Consent Act (Ind. Code §16-36-1 et seq.) supplies separate rules for substitute consent by family or health-care representatives and does NOT supply the witness-disqualification list for this directive. The pregnancy-related override in Ind. Code §16-36-4-8(d) (Living Will Declarations Act) is referenced only as carried forward by the IHCDA. At hospital intake, this Directive should be treated as a Health Care Power of Attorney and Advance Directive under Ind. Code §16-36-7.

ViewWitness disqualification recital

I am at least 18 years of age. I am signing this advance directive in the declarant's presence as one of two (2) adult witnesses under Ind. Code §16-36-7-28(c)(1). At least one (1) of the two witnesses is not the declarant's spouse or other relative. I am NOT the person who signed the advance directive on behalf of the declarant. I am NOT the health care representative or any successor health care representative named in this Healthcare Directive.

Plus

6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free

Plus

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime, stored in your account

Annual review reminder

See Will.com Plus →

Electronic will status

Indiana has adopted electronic will legislation (2018). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

Indiana has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Indiana authorized RON in 2018.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Indiana does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

Last reviewed: May 11, 2026.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Indiana for guidance specific to your situation.

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