Is an Online Will Legal in Indiana?
An online service can prepare a valid Indiana will. The standard path is to print it and execute it under § 29-1-5-3: the testator signifies the instrument is the testator's will and signs before two witnesses, who sign in the presence of the testator and each other. Indiana ALSO recognizes electronic wills signed and attested with electronic signatures under ch. 29-1-21, including fully remote execution over real-time audiovisual technology when an attorney or directed paralegal supervises and signs an affidavit of compliance.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Indiana will.
Sign it fully remotely
RecognizedWhether Indiana recognizes an electronic will executed without an in-person paper signing.
What this means for you
No notary is needed at any step: Indiana's self-proving clause is signed only by the testator and witnesses under the penalties of perjury, so include it at signing. Remote or counterpart execution without attorney or directed-paralegal supervision leaves the will voidable if anyone objects, so treat supervision as required in practice. Use disinterested witnesses: a gift to a witness the will cannot be proved without is cut back to that witness's intestate share.
What Indiana Law Requires
The governing law is Ind. Code ch. 29-1-5 (Execution and Revocation of Wills); electronic wills at Ind. Code ch. 29-1-21. Each rule below links to the official source it was read from.
| Requirement | The Indiana rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind. | Ind. Code § 29-1-5-1 |
| Written document | Required. | Ind. Code § 29-1-5-2(a) |
| Signature | The testator signs. The testator may, at the testator's direction and in the testator's presence, have someone else sign the testator's name. | Ind. Code § 29-1-5-3(a)-(b) |
| Witnesses | 2. The testator, in the presence of two or more attesting witnesses, must signify to the witnesses that the instrument is the testator's will and either sign the will, acknowledge the testator's signature already made, or at the testator's direction and in the testator's presence have someone else sign the testator's name. The attesting witnesses must sign in the presence of the testator and each other. | Ind. Code § 29-1-5-3(b) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Ind. Code § 29-1-5-3.1 |
Signing Day in Indiana
The testator, in the presence of two or more attesting witnesses, must signify to the witnesses that the instrument is the testator's will and either sign the will, acknowledge the testator's signature already made, or at the testator's direction and in the testator's presence have someone else sign the testator's name. The attesting witnesses must sign in the presence of the testator and each other.
Under the supervision of an attorney or directed paralegal, the testator and witnesses may instead execute the will in two or more original paper counterparts, with the testator's signature on one counterpart in the presence of the attesting witnesses and the witnesses' signatures on one or more different counterparts, assembled into a single composite document within five business days of the last signature (§ 29-1-5-3(c)). Counterpart execution without that supervision leaves the will voidable in the court's discretion on objection or will contest (§ 29-1-5-3(e)). Section 29-1-5-3(h) directs that the section be construed in favor of effectuating the testator's intent.
The self-proving step worth adding
If the testator and witnesses sign a self-proving clause meeting § 29-1-5-3.1(c) or (d) at execution, no other signatures are required for the will to be validly executed and self-proved. Indiana's mechanism is a clause under penalties of perjury rather than the notarized affidavit used in most states. Timing: at execution, by incorporating or attaching the clause when the will is signed, or at a later date by attaching a clause signed by the testator and witnesses.
Choose witnesses carefully
If a subscribing witness receives an interest under the will and the will cannot be proved without the witness's testimony or proof of the witness's signature, the will is void only as to that witness and persons claiming under the witness, and the witness can be compelled to testify. A witness who would have been entitled to a distributive share had there been no will keeps so much of the estate as the witness would have received, not exceeding the value of the interest passed to the witness by the will.
Shortcuts Indiana Does and Does Not Recognize
Handwritten (holographic) wills
NoIndiana has no holographic-will provision: every will except a nuncupative will must be in writing (§ 29-1-5-2(a)) and executed by the signatures of the testator and at least two witnesses (§ 29-1-5-3(a)), so an unwitnessed handwritten will is not valid. A handwritten will executed with the full formalities is valid, and an out-of-state holographic will may be recognized under § 29-1-5-5 if its execution complied with the law of the place of execution or of the testator's domicile. (Ind. Code § 29-1-5-3(a))
Oral wills
NarrowlyA nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and is valid only if the testator died as a result of the impending peril. It must be declared to be the testator's will before two disinterested witnesses, reduced to writing by or under the direction of one of the witnesses within thirty days after the declaration, and submitted for probate within six months after the death. It may dispose of personal property only, to an aggregate value not exceeding one thousand dollars, except that persons in active military, air, or naval service in time of war may dispose of up to ten thousand dollars. It does not revoke an existing written will, which is changed only to the extent necessary to give effect to the nuncupative will.
Indiana still recognizes nuncupative wills, but the route is narrow: deathbed circumstances, personal property only, low dollar caps, and strict reduction-to-writing and probate deadlines. A nuncupative will can be revoked by another nuncupative will (§ 29-1-5-7). (Ind. Code § 29-1-5-4)
Electronic wills
YesTo be valid, an electronic will must be executed by the electronic signature of the testator and attested to by the electronic signatures of at least two witnesses, with the testator stating in the witnesses' presence that the instrument is the testator's will, the witnesses signing in the presence of the testator and each other after the testator signs, and the finalized document maintained as an electronic record (§ 29-1-21-4(a)). An electronic will may be self-proved at signing by incorporating a self-proving clause, again without a notary (§ 29-1-21-4(e)-(f)). An electronic will is legally executed if its execution complies with the law of Indiana, the jurisdiction the testator was actually present in at execution, or the testator's domicile at execution or death (§ 29-1-21-7). (Ind. Code § 29-1-21-4)
Remote witnessing: allowed within the statute’s conditions. The chapter's presence definition is satisfied when the testator and witnesses either are directly present in the same physical space or are able to interact with each other in real time through audiovisual technology, can positively identify each other, and each witness can observe the testator's expression of intent, the execution, and the other witnesses signing (§ 29-1-21-3(17)). If the testator and witnesses are not in each other's physical presence and use audiovisual technology, an attorney or a directed paralegal must supervise the signing and witnessing and must sign a sworn affidavit of compliance; an electronic will executed remotely without that supervision is voidable in the court's discretion upon objection to probate or a timely will contest (§ 29-1-21-4(b)-(d)).
A Will Signed in Another State
A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of Indiana, of the jurisdiction the testator was actually present in at the time the testator executed the will, or of the domicile of the testator at the time of execution or at the time of death. (Ind. Code § 29-1-5-5)
Keep Going
- The full Indiana will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Indiana estate planning sets the will beside the other documents a complete plan needs.
- A Indiana revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Indiana?
Does a Indiana will need to be notarized?
How many witnesses does a Indiana will need?
Are handwritten (holographic) wills valid in Indiana?
Are electronic wills legal in Indiana?
Is a will made in another state valid in Indiana?
SourcesOfficial references used for this page
Verified against Ind. Code ch. 29-1-5 (Execution and Revocation of Wills); electronic wills at Ind. Code ch. 29-1-21 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Indiana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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