What are the Requirements for a Valid Will in Indiana?

Full Question:

For an Indiana Will to be accepted in Probate, how many witnesses are needed for the Testator's signature? Is a Notary Public's signature also required?
10/05/2010   |   Category: Wills and Estates   |   State: Texas   |   #23334

Answer:

A will in Indiana must have two witnesses, and may, but is not required, to be notarized. Please see the following IN statute:

IC 29-1-5-3 (a) This section applies to a will executed before, on, or....

(a) This section applies to a will executed before, on, or after July 1,
2003. A will, other than a nuncupative will, must be executed by the
signature of the testator and of at least two (2) witnesses on:

(1) a will under subsection (b);

(2) a self-proving clause under section 3.1(c) of this chapter; or

(3) a self-proving clause under section 3.1(d) of this chapter.

(b) A will may be attested as follows:

(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.

(c) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:

(1) an attestation or self-proving clause or other language; or

(2) additional signatures; not required by subsection (b).

(d) A will executed in accordance with subsection (b) is self-proved if
the witness signatures follow an attestation or self-proving clause or
other declaration indicating in substance the facts set forth in
section 3.1(c) or 3.1(d) of this chapter.

(e) This section shall be construed in favor of effectuating the
testator's intent to make a valid will.