Is An Online Will Legally Valid in Indiana?

Yes, you can make a legally valid will online in Indiana. Here's what the state actually requires to make it stick.

‍

FeedingBird is designed to handle these steps with you.

What Makes an Online Will Legally Valid in Indiana?

Indiana is one of a small number of states that recognizes electronic wills, meaning a will that's created and maintained as an electronic record, carries the electronic signatures of the testator and witnesses, and meets Indiana's other formalities. A traditional printed will signed by two witnesses is valid too, and notarization is only needed for a self-proving affidavit.

‍

Indiana does not recognize holographic, or handwritten, wills that skip witnesses. A handwritten will is valid, but only if it's signed with the same witness formalities as any other Indiana will.

What You Need to Know about Online Wills in Indiana

Indiana Property Laws

Estate laws can tricky to navigate and some have very state-specific complexities. It's important to ensure that your online will is written according to your state’s laws to prevent delays from a long and complex legal process.

‍

Indiana is a common law property state, unlike others which are community property states. This means ownership of an asset generally follows whose name is on the title, deed, or account.

Indiana Probate

All wills go through probate in Indiana unless the gross probate estate is $100,000 or less, in which case you may qualify for a small estate affidavit. Otherwise, a trust is needed to avoid probate, though Indiana's unsupervised administration option keeps many estates moving quickly even without one.

Avoiding Probate in Indiana

• Consider a revocable living trust. A living trust grants you full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Review financial and retirement accounts and assign beneficiaries as appropriate. A payable-on-death (POD) designation and a transfer-on-death (TOD) designation names a new owner for those accounts.

• Name a beneficiary for real estate. Indiana allows transfer-on-death deeds, which automatically identify a new owner for property upon your death.

• Establish joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in Indiana? Discover more here.