Knowledge & Resources
Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
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Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
Indiana voids a gift to a witness only where the will cannot be proved without that witness's testimony, which is narrower than most states.
All Indiana wills except nuncupative ones must be in writing, and executed by the signature of the testator and of at least two witnesses. The signatures may appear on the will itself or on a self-proving clause that meets the statute's requirements.
Ind. Code § 29-1-5-3
No. Section 29-1-5-3 requires the testator's signature and two witnesses, not a notary. A notary appears in connection with the self-proving clause, which is an alternative place for the signatures rather than a substitute for having witnesses.
Ind. Code § 29-1-5-3
Any person competent as a witness at the time of attestation may witness an Indiana will, and later incompetence does not prevent probate. Where a subscribing witness is left something and the will cannot be proved without their testimony or proof of their signature, the will is void only as to that witness and anyone claiming under them, and they can be compelled to testify. A witness who would have inherited under intestacy keeps that share.
Ind. Code § 29-1-5-2
Ind. Code § 29-1-5-3 (Signatures; counterpart; video). Executed by the signature of the testator and of at least two witnesses. The testator signifies to the witnesses that the instrument is their will and signs it (or has another sign at their direction and in their presence); the attesting witnesses sign in the presence of the testator and of each other.
Links last checked 2026-08-25.
We could not read this statute at its official source, so the summary above is provisional. Confirm it before relying on it.
This is general information about the law, not legal advice, and it has not been reviewed by an attorney licensed in Indiana. Requirements change. Confirm the current rules for your state before you sign.
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