LAST WILL AND TESTAMENT OF [[TESTATOR FULL LEGAL NAME]]
I, [[Testator Full Legal Name]], a resident of [[City, County, Indiana]], being of legal age (18 years or older), of sound mind and memory, and not acting under duress, menace, fraud, or undue influence, do hereby make, publish, and declare this instrument to be my Last Will and Testament, and I hereby revoke all prior wills and codicils made by me at any time.
ARTICLE 1 - PERSONAL INFORMATION
1.1 Testator. I am [[Testator Full Legal Name]], born on [[Date of Birth]], residing at [[Testator Full Address, City, County, Indiana, ZIP]], Indiana.
1.2 Marital Status. I am currently: (check applicable)
- [ ] Single
- [ ] Married to [[Spouse Full Legal Name]]
- [ ] Widowed
- [ ] Divorced
1.3 Children. I have the following children (including adopted and children from prior relationships):
| Name | Date of Birth / Relationship |
|---|---|
| [[Child 1 Full Name]] | [[DOB / Biological/Adopted]] |
| [[Child 2 Full Name]] | [[DOB / Biological/Adopted]] |
| [[Add additional children as needed]] | |
(If none, state: "I have no children as of the date of this Will.")
ARTICLE 2 - EXECUTOR AND PERSONAL REPRESENTATIVE
2.1 Appointment. I appoint [[Executor Full Legal Name]], residing at [[Executor Address, City, State, ZIP]], as Executor of this Will. If [[Executor Full Legal Name]] is unable or unwilling to serve, I appoint [[Alternate Executor 1 Full Name]], residing at [[Alternate Executor 1 Address]], as Alternate Executor. If that person is also unable or unwilling to serve, I appoint [[Alternate Executor 2 Full Name]] as Second Alternate Executor.
2.2 No Bond Required. My Executor shall serve without bond or security, unless a court of competent jurisdiction determines otherwise.
2.3 Executor Powers. My Executor shall have all powers granted by the Indiana Code, including Indiana Code § 29-1-13-1 et seq., and specifically the following powers (without the need for court approval unless required by law):
(a) To collect, manage, protect, and invest the assets of my estate;
(b) To sell (at public or private sale, for cash or on credit), exchange, lease, mortgage, or otherwise dispose of real and personal property of my estate on any terms my Executor deems advisable;
(c) To pay all valid debts, funeral expenses, expenses of last illness, taxes, and costs of administration from estate assets;
(d) To pay or contest any claim against the estate;
(e) To retain any property owned by me at death, even if not of the type in which fiduciaries are normally authorized to invest, for as long as the Executor deems advisable without liability for loss;
(f) To invest and reinvest estate assets in any property or securities that a prudent person would invest in, without restriction to investments authorized by law for fiduciaries;
(g) To employ attorneys, accountants, investment advisors, and other professionals and pay their reasonable fees from estate assets;
(h) To make distributions in cash or in kind or partly in each, and to allocate particular assets among beneficiaries without requiring equality in terms of market value among distributions;
(i) To determine what expenses are chargeable to income and what to principal; and
(j) To do all other acts necessary to carry out this Will and to settle my estate in the most efficient and expeditious manner possible.
ARTICLE 3 - GUARDIAN FOR MINOR CHILDREN
3.1 Appointment. If at the time of my death any of my children are under the age of 18 years and their other parent is not living or is legally unable to serve as guardian, I nominate [[Guardian Full Legal Name]], residing at [[Guardian Address, City, State, ZIP]], as guardian of the persons of my minor children. If [[Guardian Full Legal Name]] is unable or unwilling to serve, I nominate [[Alternate Guardian Full Name]], residing at [[Alternate Guardian Address]], as alternate guardian.
3.2 No Bond Required. My nominated guardian shall serve without bond, unless a court of competent jurisdiction determines otherwise.
3.3 Court Appointment. I understand that appointment of a guardian requires court approval under Indiana Code § 29-3-5-1 et seq. This nomination shall be given the greatest weight permitted by law.
ARTICLE 4 - SPECIFIC BEQUESTS
4.1 Personal Property. I give, bequeath, and devise the following specific items of personal property to the following individuals:
| Item Description | Beneficiary | Address |
|---|---|---|
| [[Description of Item 1, e.g., "2018 Ford F-150, VIN: ___"]] | [[Beneficiary 1 Full Name]] | [[Address]] |
| [[Description of Item 2, e.g., "My mother's diamond ring"]] | [[Beneficiary 2 Full Name]] | [[Address]] |
| [[Add additional specific bequests as needed]] | | |
(If no specific bequests are desired, state: "I make no specific bequests of personal property under this Article.")
4.2 Real Property. I give, bequeath, and devise the following real property:
| Real Property | Beneficiary | Percentage/Share |
|---|---|---|
| [[Property Address / Legal Description]] | [[Beneficiary Full Name]] | [[100% / Share]] |
| [[Additional Property]] | | |
(If no specific real property bequest, state: "I make no specific bequests of real property under this Article; all real property passes through the residuary estate.")
4.3 Cash Bequests. I give the following cash amounts to the following beneficiaries:
| Amount | Beneficiary | Address |
|---|---|---|
| $[[Amount]] | [[Beneficiary Full Name]] | [[Address]] |
(If no cash bequests, state: "I make no specific cash bequests.")
4.4 Charitable Bequests. I give the following amounts or assets to the following charitable organizations:
| Amount/Asset | Organization | EIN / Address |
|---|---|---|
| $[[Amount]] | [[Charity Name]] | [[EIN and Address]] |
(If no charitable bequests, state: "I make no charitable bequests.")
4.5 Predeceased Beneficiary. If any beneficiary named in this Article predeceases me, the bequest to that beneficiary shall lapse and pass to the residuary estate, unless I indicate otherwise: [[Alternative disposition for predeceased beneficiaries, or "lapses to residue"]].
ARTICLE 5 - RESIDUARY ESTATE
5.1 Residuary Beneficiary. I give, bequeath, and devise all of the rest, residue, and remainder of my estate (the "Residuary Estate"), whether real, personal, or mixed, wherever situated, and whether acquired before or after the execution of this Will (including any property over which I may have a power of appointment), to [[Residuary Beneficiary Full Name]], if he/she/they survive me.
5.2 Alternate Residuary Beneficiary. If [[Residuary Beneficiary Full Name]] does not survive me by 30 days, I give the Residuary Estate to [[Alternate Residuary Beneficiary Name]], if he/she/they survive me.
5.3 Per Stirpes Distribution. If [[Residuary Beneficiary and Alternate]] both predecease me, I give the Residuary Estate to my descendants then living, per stirpes, pursuant to Indiana Code § 29-1-6-1.
5.4 Intestate Succession. If there are no surviving beneficiaries or descendants, the Residuary Estate shall pass pursuant to the laws of intestate succession of the State of Indiana, Indiana Code § 29-1-2-1 et seq.
ARTICLE 6 - SIMULTANEOUS DEATH / SURVIVAL REQUIREMENT
If any beneficiary and I die simultaneously or under circumstances that render it uncertain who survived the other, the beneficiary shall be deemed to have predeceased me for purposes of this Will. No beneficiary shall be considered to have survived me unless he/she/they survive me by at least 30 days (720 hours). (Indiana Code § 29-2-14-1, Indiana Uniform Simultaneous Death Act.)
ARTICLE 7 - NO-CONTEST CLAUSE
If any beneficiary, devisee, or heir shall contest this Will or any of its provisions or shall oppose or seek to prevent probate of this Will, such person shall forfeit and receive nothing from my estate, and his/her share shall pass as if he/she had predeceased me.
ARTICLE 8 - DEBTS AND EXPENSES
8.1 Payment of Debts. My Executor shall pay all of my legally enforceable debts, funeral and burial expenses, expenses of last illness, and costs of administering this estate as soon as practicable after my death, to the extent my estate assets allow, and in the order of priority established under Indiana Code § 29-1-14-1 et seq.
8.2 Funeral Instructions. My wishes regarding burial/cremation: [[State burial/cremation preferences or "See separate letter of instruction" or "Executor has discretion."]]
8.3 Specific Funeral Instructions. [[Optional: identify memorial preferences, burial location, or other arrangements.]]
ARTICLE 9 - TAX ELECTIONS AND APPORTIONMENT
9.1 Tax Apportionment. All federal and state estate or inheritance taxes (if any) shall be paid from the residuary estate and shall not be apportioned among the specific beneficiaries, unless otherwise required by law. Indiana abolished its state inheritance tax effective January 1, 2013 (P.L. 198-2012). No Indiana inheritance tax applies. However, federal estate tax may apply to taxable estates exceeding the federal applicable exclusion amount (verify the current exemption amount with an estate planning attorney, as the TCJA sunset provisions may affect exemptions after 2025).
9.2 Tax Elections. My Executor shall make all tax elections (including elections under I.R.C. §§ 754, 1014, 2032, 2056) as my Executor deems advisable in the best interest of the estate and its beneficiaries, without liability for any elections made in good faith.
ARTICLE 10 - DIGITAL ASSETS
My Executor is authorized to access, manage, transfer, and distribute my digital assets (including email accounts, social media accounts, online banking, cryptocurrency, and other digital property) to the extent permitted by applicable law, including the Indiana Access to Electronic Assets of Decedents Act (Indiana Code § 32-39-13-1 et seq.) and any terms-of-service agreements. I have left a separate memorandum of my digital assets and access credentials with my Executor: [[Location of Digital Asset Memorandum, e.g., "in a sealed envelope with my attorney" or "in my home safe at [address]"]]. (This memorandum is separate from this Will for security reasons.)
ARTICLE 11 - TRUST FOR MINOR BENEFICIARIES
If any beneficiary under this Will is a minor (under age 18) at the time of my death, or at the time any distribution is to be made, the share of such beneficiary shall be held in trust by my Executor (acting as Trustee) until such beneficiary attains the age of [[Age, e.g., 25]] years, at which point the remaining trust principal and accumulated income shall be distributed outright to the beneficiary. During the trust term, the Trustee may distribute income and principal for the beneficiary's health, education, maintenance, and support.
ARTICLE 12 - SEVERABILITY; INTERPRETATION
If any provision of this Will is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Will shall be construed and interpreted under the laws of the State of Indiana. All references to the singular include the plural and vice versa; all gendered references are non-gendered where context permits.
ARTICLE 13 - EXECUTION
Testator's Signature
I, [[Testator Full Legal Name]], declare that this instrument is my Last Will and Testament; that I sign it as my free and voluntary act for the purposes stated; that I am of legal age and of sound mind; and that I am not acting under undue influence, duress, or fraud.
Testator Signature: ________________________ Date: ___________
Printed Name: [[Testator Full Legal Name]]
Date: [[Date of Signing]]
Location: [[City, County, Indiana]]
Witness Attestation
(Indiana Code § 29-1-5-2: A will must be signed by the testator in the presence of at least TWO competent witnesses, who sign at the testator's request and in the testator's presence. A witness who is also a beneficiary under the will may be disqualified from receiving the bequest [I.C. § 29-1-5-2(b)] - witnesses should not be beneficiaries.)
We, the undersigned witnesses, each declare under penalty of perjury that:
(1) The above-named Testator signed or acknowledged to us this instrument as his/her/their Last Will and Testament in our presence;
(2) The Testator appeared to us to be of sound mind and memory and not under duress, undue influence, or fraud;
(3) Each of us signed below in the presence of the Testator and in the presence of each other; and
(4) Neither of us is a beneficiary under this Will.
Witness 1:
Signature: ________________________ Date: ___________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address, City, State, ZIP]]
Witness 2:
Signature: ________________________ Date: ___________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address, City, State, ZIP]]
Self-Proving Affidavit
(Indiana Code § 29-1-5-3.1: A self-proving affidavit makes the will self-proving, eliminating the need for witnesses to testify in probate court.)
State of Indiana
County of [[County]]
Before me, the undersigned authority, personally appeared the Testator and the witnesses, and being first duly sworn, the Testator declared to me and to the witnesses that the foregoing instrument is the Testator's Last Will and Testament and that the Testator had willingly signed and executed it as a free and voluntary act for the purposes therein expressed. Each witness stated that the Testator signed the Will in the presence of each witness and that each witness signed the Will as a witness in the presence of the Testator and in the presence of each other witness.
Testator: [[Testator Full Legal Name]]
Signature: ________________________ Subscribed before me this ____ day of ____________, 20__.
Witness 1: [[Witness 1 Full Name]]
Signature: ________________________ Subscribed before me this ____ day of ____________, 20__.
Witness 2: [[Witness 2 Full Name]]
Signature: ________________________ Subscribed before me this ____ day of ____________, 20__.
NOTARY PUBLIC:
Signature: ________________________ My Commission Expires: ___________
(Notary Seal)
The said Testator [[Testator Full Legal Name]] and [[Witness 1 Full Name]] and [[Witness 2 Full Name]] known to me to be the Testator and the witnesses whose names are signed to the foregoing instrument, being by me first duly sworn, the Testator declared to me and to the witnesses that said instrument is the Testator's Last Will and Testament and that the Testator had willingly signed and executed it as a free and voluntary act for the purposes therein expressed, and each of the witnesses stated that they subscribed their names as witnesses in the presence and at the request of the Testator and in the presence of each other.
SOURCES AND DISCLAIMER
Governing Statutes: Indiana Code § 29-1-5-1 (testamentary capacity - age 18+, sound mind); § 29-1-5-2 (execution - testator signature + 2 witnesses; no-interested-witness rule); § 29-1-5-3.1 (self-proving affidavit); § 29-1-6-1 (per stirpes distribution); § 29-1-13-1 et seq. (executor powers); § 29-1-14-1 et seq. (order of payment of claims); § 29-1-2-1 et seq. (intestate succession); § 29-2-14-1 (Indiana Uniform Simultaneous Death Act - 120-hour rule); § 29-3-5-1 et seq. (guardian of minor); § 32-39-13-1 et seq. (Access to Electronic Assets of Decedents Act). P.L. 198-2012 (abolition of Indiana inheritance tax effective Jan. 1, 2013). As of: June 2026.
> TEMPLATE DISCLAIMER - NOT PROFESSIONAL ADVICE: This document is a template for informational purposes only and does not constitute legal advice. Indiana will-execution requirements are strict: failure to comply may result in an invalid will. Consult a licensed Indiana estate planning attorney before signing this document. Do not use this template without reviewing the current Indiana Probate Code and your personal circumstances with a qualified professional.
