Estate plan requirements

Indiana

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

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	2 required, or notary	Required unless witnessed
Healthcare directive	2 required, or notary	Alternative to witnesses

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Indiana content last reviewed August 14, 2026.

Will

Ind. Code §29-1-5-1 et seq.

Witnesses: 2 required

Two attesting witnesses must sign in the presence of the testator and of each other (Ind. Code §29-1-5-3(b)(2)). In the presence of both witnesses the testator must signify that the instrument is the testator's will, and must either sign it, acknowledge a signature already made, or have another person sign the testator's name at the testator's direction and in the testator's presence (Ind. Code §29-1-5-3(b)(1)).

Witnesses together: Required

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

State-specific notes

•Both witnesses must sign in the presence of the testator and of each other (Ind. Code §29-1-5-3(b)(2)). Indiana's only statutory departure from single-document signing is the counterpart procedure described below, which requires attorney or directed-paralegal supervision.

•The self-proving clause may be signed under penalties for perjury. No notarization is required to make an Indiana will self-proving (Ind. Code §29-1-5-3.1(c)).

•Counterpart paper signing is lawful in Indiana only under attorney or directed-paralegal supervision. All counterparts must be physically assembled not later than five (5) business days after signing, and the supervising attorney or paralegal must complete the statutory affidavit of compliance (Ind. Code §29-1-5-3(d)). A will executed in counterparts without that supervision is voidable in the discretion of the court (Ind. Code §29-1-5-3(c) to (e)).

•Indiana also allows an ELECTRONIC will, but that is a different instrument from this one and this Will cannot become one by being scanned. The Indiana Electronic Wills Act governs a will that is prepared and signed electronically (Ind. Code ch. 29-1-21). The testator and the attesting witnesses must be in each other's presence when the electronic signatures are made (Ind. Code §29-1-21-4(a)(1)). Signing an electronic will remotely is possible, but only where an attorney or a directed paralegal supervises the signing and the witnessing (Ind. Code §29-1-21-4(b)). That attorney or paralegal must then swear an affidavit of compliance, a copy of which is filed with the petition to probate (Ind. Code §29-1-21-4(c) and (d)). Both of Indiana's remote routes, the electronic will and the paper counterpart procedure above, therefore need a supervising Indiana attorney or directed paralegal, which this packet does not supply. To sign this Will yourself, sign it on paper with two witnesses in one room.

•A gift to a subscribing witness is void as to that witness only if the will cannot be proved without the witness's testimony or proof of the witness's signature, and then only to the extent the gift exceeds what the witness would have taken in intestacy (Ind. Code §29-1-5-2(c)). Being named executor, trustee, guardian, or counsel for the estate does not by itself make a witness interested (Ind. Code §29-1-5-2(d)).

•A funeral planning declaration may not be included in a will or a power of attorney, and must be substantially in the statutory form (Ind. Code §29-2-19-8(a), form at §29-2-19-13). Keep funeral directions in the separate Disposition of Remains document.

•If your marriage is dissolved or annulled after you sign this will, every provision in favor of your former spouse is revoked as of the dissolution or annulment, and those provisions revive only if you remarry that same person (Ind. Code §29-1-5-8). Marriage alone does not revoke a will (Ind. Code §29-1-5-6).

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 acknowledged the signature already made, 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 the Testator was of sound mind when the will was executed; 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.

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 interested person's ability under Ind. Code §29-1-7.5-2(d) to move the court, at any time, to revoke an order of unsupervised administration, which the court may grant on its own motion or on such a motion if it finds revocation to be in the best interests of the estate, creditors, taxing authorities, heirs, legatees, or devisees, and any such ability remains exercisable notwithstanding this clause.

ViewWitness disqualification / interested-witness rule

Ind. Code §29-1-5-2: a beneficial disposition under the will is void as to a witness whose testimony or signature is required to prove the will, but only to the extent the disposition exceeds what the witness would have taken in intestacy. The will itself remains valid notwithstanding the purge. The purge does not apply if the will is duly attested by two other competent and disinterested witnesses (i.e., two disinterested witnesses are sufficient to save the gift). Practical implication: use two demonstrably disinterested witnesses (no beneficiary, no spouse of a beneficiary) to avoid risking a §29-1-5-2 challenge to any beneficiary-witness gift, and note that §29-1-5-2(d) expressly provides that naming a person as executor, trustee, guardian, or counsel for the estate does not by itself make that person interested, so a fiduciary nominee is a permissible witness.

Living Trust

Witnesses: None required

Indiana does not require witnesses or a notary for your trust to be valid (Ind. Code §30-4-2-1). The trust is enforceable once its written terms carry your signature. Notarizing is still worth doing, because you will need an acknowledged signature to record a deed moving real estate into the trust.

Notarization: Recommended

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

Certification of trust: Ind. Code §30-4-4-5

Indiana lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Indiana Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Ind. Code §30-4-4-5(h) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts from the original trust instrument is liable for damages if the court determines that a person did not act in good faith in demanding the trust instrument.

Durable Power of Attorney

Witnesses: 2 witnesses, or notary

Indiana requires one of the two for a valid power of attorney: acknowledgment before a notary, or the signatures of 2 witnesses who meet the statute's qualifications (Ind. Code §30-5-4-1(a)(4))

Notarization: Required unless witnessed

Notarization is required unless 2 qualifying witnesses sign instead (Ind. Code §30-5-4-1(a)(4))

State-specific notes

•Durability is presumed unless the instrument states otherwise

•Indiana provides two alternative validity paths (Ind. Code §30-5-4-1(a)(4)): (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 statutory qualifications and procedure (Ind. Code §§30-5-4-1.3, 30-5-4-1.5, 30-5-4-1.7, and 30-5-4-1.9; 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 (Ind. Code §30-5-3-3; §30-5-3-3(d) requires a document creating a power of attorney to comply with recording requirements, including notary and preparation statements, to be recorded, except as provided in §30-5-3-3(e): a power of attorney the principal executed before witnesses under Ind. Code §30-5-4-1(a)(4)(B) may be recorded if a proof as defined in Ind. Code §32-21-2-1.7, signed by at least one attesting witness and complying with Ind. Code §33-42, is attached. Section 30-5-3-3 as amended by P.L.99-2024, SEC.17. A notarial officer still takes that proof, so the practical recommendation below is unchanged.). 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 backup path if the notarial certificate is later challenged or the original notarial seal is lost (Ind. Code §30-5-4-1(a)(4)(B)).

ViewWitness disqualification recital

I am competent to be a witness in the State of Indiana. This Power of Attorney does not name me as the principal's attorney in fact or as a successor to the attorney in fact, and it does not grant me any power or beneficial interest other than such an appointment; and no person whom it does so name or benefit is my spouse or my descendant. I therefore have no interest in this power of attorney within the meaning of Ind. Code §30-5-4-1.3(d) and (e), which applies to a power of attorney executed in the presence of witnesses on or after March 31, 2020.

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

Signed or acknowledged by the declarant in the presence of a notarial officer, who completes and signs a notarial certificate and makes it part of the advance directive (Ind. Code §16-36-7-28(c)(2); notarial certificate under §33-42-9-12). A remote online notarization or electronic notarization satisfies this path (Ind. Code §33-42-17).

State-specific notes

•Execution requirements (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 (Ind. Code §16-36-7-28(b)(2)). An individual who signs the declarant's name on the advance directive may not be a witness, the notarial officer, or a health care representative designated in the advance directive.

•Telephonic-interaction option (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 Health Care Decisions Act contains no pregnancy provision (Ind. Code §16-36-7). The pregnancy rule belongs to the separate Living Will Declarations Act (Ind. Code §16-36-4-8(d)) and by its terms suspends a living will declaration under Ind. Code §16-36-4-10; the directive itself states how it applies to the life-sustaining-treatment elections, and a health care representative's authority over other health care decisions is not suspended. 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), and at least one of the two witnesses is not the declarant's spouse or other relative. I did not sign the declarant's name on this advance directive; under Ind. Code §16-36-7-28(b)(2) a person who signs for the declarant may not be a witness, the notarial officer, or a health care representative designated in the directive. As an alternative to witnesses, §16-36-7-28(c)(2) permits the declarant to sign or acknowledge this directive before a notarial officer who completes and signs a notarial certificate; only one of the two paths must be satisfied.

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6 more documents with a subscription

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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. The free packet includes it too whenever it has a healthcare directive.

In this state: States the Ind. Code §16-36-7-34(4) preservation the chapter requires of a later-signed writing about health information, notes that a health care representative is a personal representative under 45 CFR Parts 160-164 by force of Ind. Code §16-36-7-34(6), and recites the nine elements Ind. Code §16-39-1-4 and §16-39-2-5 require of a written consent to release a health or mental health record, together with the express expiration that displaces the §16-39-2-5 180-day default.

Designation of Guardian of the Person and Property

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	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

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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. No notarial act is required for an Indiana will at any point, so remote online notarization is never necessary here. If you notarize anyway, Ind. Code §33-42-17-3(b) permits a registered Indiana remote notary to take an acknowledgment remotely, and §33-42-17-3(d) treats that act as performed in Indiana regardless of where you are.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

For the paper documents Will.com produces, Indiana does not allow remote online witnessing. 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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