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.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Indiana, all for $29/year.

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Indiana content last reviewed May 18, 2026.

Will

2W

Trust

POA

2W

Healthcare Dir.

2W

E-will

Adopted

Since 2018

RON

Since 2018

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

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, declare under penalties for perjury under the laws of the State of Indiana, pursuant to Ind. Code §29-1-5-3.1(c): (1) that the Testator executed the instrument as the Testator's will; (2) that, in the presence of both Witnesses, the Testator signed the will (or directed another to sign for the Testator in the Testator's presence and at the Testator's express direction); (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 an attesting witness; (5) that, to the best knowledge of each Witness, the Testator was, at the time the will was executed, of sound mind; and (6) that, to the best knowledge of each Witness, 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. This self-proving clause may be signed and dated under penalties for perjury under §29-1-5-3.1(c) without a notarial acknowledgment, in which case the perjury declaration on the signatures of the Testator and each Witness is the proof of authenticity. The Testator and Witnesses may instead, or in addition, acknowledge their signatures before a notary public; the notary block below applies only if the notary path is used. Subscribed 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.
2

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

3

Durable Power of Attorney

Witnesses: 2 required

Indiana requires 2 witnesses for power of attorney execution

Notarization: Recommended

Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.

State-specific notes

Durability is presumed unless the instrument states otherwise
Ind. Code §30-5-4-1(a)(4) provides two alternative validity paths: (A) signed in the presence of a notary public who completes a notarial certificate, OR (B) signed in the presence of two attesting witnesses meeting the qualifications and procedure of §§30-5-4-1.3, -1.5, -1.7, and -1.9 (witness path added by P.L.185-2021, eff. July 1, 2021). Either path alone is legally sufficient — notarization is not a freestanding statutory requirement. As a practical matter, however, Indiana banks, brokerages, title companies, and county recorders routinely insist on a notary acknowledgment, and a POA used to convey or encumber Indiana real property must be recorded with the county recorder under §30-5-3-3 (which functionally requires a notary because deeds and recordable instruments must be acknowledged before a notarial officer). For maximum acceptance, this Power of Attorney is executed with BOTH a notary acknowledgment AND attestation by two competent adult witnesses (free of disqualifying interest under §30-5-4-1.3) — the witness signatures provide the §30-5-4-1(a)(4)(B) backup path if the notarial certificate is later challenged or the original notarial seal is lost.
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).
4

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.
Telephonic-interaction option under Ind. Code §16-36-7-28(e). If facts and circumstances (including physical impairment or physical isolation of a competent declarant) make audiovisual interaction impossible or impractical, the declarant and the witnesses may use telephonic interaction throughout the signing process to satisfy the presence requirement. The witnesses must positively identify the declarant and establish capacity and sound mind by accurate answers from the declarant. The directive must recite that telephonic interaction was used. No witness can be compelled to accept the telephonic path. An advance directive executed under the telephonic provision is presumed valid if the recital is included.
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.
Subscription

6 more documents with a subscription

$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. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
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
Annual review reminder
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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

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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