Last Will and Testament (Will)

In Indiana, a Last Will and Testament (will) is a legal document that specifies how your affairs should be handled after your death and who will oversee the process. Under Indiana Code § 29-1-5-1 et seq., a valid will requires you to be at least 18 years old, of sound mind, and must be witnessed and signed by at least two witnesses. Without a will, Indiana’s intestacy laws (IC § 29-1-2) determine who inherits, potentially creating family conflict and delays.

What a Will Does

A will is one of the most fundamental estate planning documents you can create. It tells the world exactly how you want your property distributed after your death, who you trust to oversee that process (your executor or personal representative), who should care for your minor children and many other things. Without a will, Indiana courts decide these matters based on intestacy laws — which may not align with your wishes.

In Indiana, wills are governed by Indiana Code § 29-1-5-1 et seq. A valid Indiana will must meet several requirements:

• You must be at least 18 years old
• You must have “sound mind” — meaning you understand what you own and how you want it distributed
• Your will must be in writing
• You must sign it in front of at least two disinterested witnesses (meaning they don’t inherit from you, and they should not be related to you)
• Some Indiana wills can be “holographic” (entirely handwritten by you), but these are riskier and subject to challenge

Types of Wills

Simple Will

A simple will distributes your assets directly to your heirs and names a guardian for minor children and an executor to manage the estate. This works well if your estate is relatively small or uncomplicated.

Pour-Over Will

A pour-over will works alongside a revocable living trust. Assets you place in the trust avoid probate entirely, but any remaining assets “pour over” into the trust at your death through your will. This catches any assets you forgot to fund into the trust during your lifetime.

Will With A Testamentary Trust

Some wills create trusts within them that become active only after your death. These are useful if you want to leave money to minor children or to someone you don’t trust with lump-sum distributions. However, this type of trust still goes through probate before it becomes active.

What Happens Without a Will (Indiana Intestacy Law)

If you die without a will, Indiana Code § 29-1-2 determines who inherits your estate. This process is called “intestacy,” and it often doesn’t match what you would have wanted:

• If you’re married with children, your spouse typically receives one-half of your estate and your children receive one-half — rather than everything going to your spouse
• If you’re unmarried, your assets go to your parents, siblings, or more distant relatives — never to friends or charitable causes you cared about
• Your entire estate goes through probate (see our Probate page for costs and timelines), because there’s no will directing a faster process
• A court appoints an executor, which may not be the person you would have chosen
• Your minor children’s guardian and the manager of their inheritance are determined by the court, not by you

Even if Indiana intestacy laws happen to match your preferences, the probate process still takes 6–12 months and costs thousands in court fees and executor fees. A will doesn’t avoid probate, but it does give you control.

Why Online Wills and Templates Often Fail

Online legal document companies and will templates are inexpensive — sometimes $100 or less. But they create serious risks:

• Templates use generic language that may not account for Indiana-specific laws or your unique situation
• You might forget to sign it correctly, invalidating the entire document
• Tax consequences of how you distribute assets might cost your estate thousands more than a professionally drafted will would
• Ambiguous language in a template can lead to family disputes and expensive court battles after you’re gone
• If your will is challenged, you won’t be there to explain what you meant — the document has to speak for itself

A professionally drafted will costs more upfront but protects your family and clarifies your intent in legally airtight language.

How Griffith Xidias Law Group Helps

We create wills that are specific to your situation, legally sound under Indiana law, and written in language that your family will understand. We talk through what matters to you, identify potential problems (like tax consequences or guardian conflicts), and build a will that reflects your actual intentions.

Most importantly, a will from our office doesn’t exist in isolation. We help you understand how it works with your other estate planning documents — your trust, your powers of attorney, and your healthcare directives. All of these documents need to work together.

We also help you update your will when your life changes. A will you created 10 years ago when you had no children looks very different from one after your family grows, your business succeeds, or your priorities shift.

Related Estate Planning Topics

Your will works as part of a complete estate plan. Explore related topics:

• Learn about trusts and when to use them instead of or alongside a will
• Understand the probate process and what happens after you sign your will
• Learn about durable powers of attorney and healthcare directives

Return to estate planning to explore more topics.

Frequently Asked Questions About Wills

How much does it cost to create a will in Indiana?

A simple will from an estate planning attorney typically costs $500-$1,000, depending on complexity and whether you combine it with other documents like a trust. Online services may cost $100-$500, but they don’t provide the same legal protection or personalized guidance. When you consider the potential cost to your family if something goes wrong, professional legal advice is an investment.

How long does it take to create a will?

Once you’ve decided what you want, creating a will usually takes 1–2 weeks. The conversation about what matters to you might take 1–2 hours; drafting and finalization take another week or two. For a simple will with no complications, we can sometimes expedite this.

Do I need witnesses to sign my will in Indiana?

Yes. Indiana Code § 29-1-5-3 requires at least two witnesses present when you sign your will. They should not be people who inherit from your will (to avoid appearance of bias). Most attorneys have staff witnesses and a notary available; at minimum, your attorney can guide you on who qualifies as a proper witness.

How often should I update my will?

You should review your will every 3–5 years or whenever your life changes significantly — marriage, divorce, birth of children, acquisition of significant assets, or change in your values or priorities. An outdated will is almost as problematic as having no will at all.

What’s the difference between a will and a trust?

A will goes through probate; a trust doesn’t. A will becomes effective only after you die; a trust can manage your assets while you’re alive and incapacitated. A will is simpler and less expensive; a trust requires more setup but offers more privacy and control. Many people use both — the will handles assets not in the trust, and the trust avoids probate for major assets.