A Will is a probate document in the truest sense.  When a person dies and owns property in their name only, a Will is the device by which you transfer property out of that person’s name to an heir.  In Indiana the requirements for a will are as follows:

  1. Must be in writing (see I.C. 29-1-5-1)

  2. Must be signed by the testator (person making the will)

  3. Testator must be 18 years of age and of sound mind

  4. You must have two witnesses sign the will in front of you and each other (Ind. Code 29-1-5-3)

  5. Witnesses need to know the document they are witnessing is your will


As a probate document, your will can be used for more than just distributing your assets, but it can also appoint people to serve as guardian for your children as well as create trust for children that are small. As such, you should talk to an estate planning attorney to determine if a Will is the way to go for you.

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