✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Rankings are editorially independent. This is not legal advice.
Indiana has clear, practical will execution requirements and one of the most favorable estate tax climates in the Midwest. The state abolished its inheritance tax in 2013 and has no state estate tax — meaning most Indiana residents only need to worry about federal estate taxes. For the vast majority of Hoosiers, an online will is an entirely legal and practical option.
There are two important Indiana-specific points to know before you start: (1) Indiana does not recognize holographic wills — you must have two witnesses; and (2) the self-proving affidavit under Indiana law, while optional, is strongly recommended and included by most quality online services.
Is an Online Will Legal in Indiana?
Yes — online wills are fully legal in Indiana when properly executed.
Under I.C. § 29-1-5-3, a valid Indiana will must be: (1) in writing; (2) signed by the testator, or by some other person in the testator's presence and at the testator's request; and (3) attested and subscribed in the presence of the testator by two or more competent witnesses. The testator must be at least 18 years old (I.C. § 29-1-5-1).
Indiana's Self-Proving Affidavit — Strongly Recommended
Indiana provides for a self-proving affidavit under I.C. § 29-1-5-3.1. This is a notarized statement signed by the testator and both witnesses at the time of will execution. When included, it allows the will to be admitted to probate without the witnesses needing to appear in court or provide additional testimony.
While optional, the self-proving affidavit is strongly recommended for several reasons:
- Speeds up probate significantly — no need to locate witnesses years later
- Reduces risk of will contest based on improper execution
- Most quality online will services include it automatically
- The notary fee ($10–$25) is well worth the convenience
Holographic Wills: NOT Valid in Indiana
Indiana does not recognize holographic wills. All wills in Indiana must meet the formal execution requirements of I.C. § 29-1-5-3 — in writing, signed, and witnessed by two competent witnesses. A handwritten, unwitnessed will has no legal effect in Indiana. If someone creates a holographic will in Indiana thinking it's valid, the estate will be treated as intestate (as if no will exists).
Electronic Wills in Indiana
Indiana has not yet enacted the Uniform Electronic Wills Act as of 2026. Electronic wills do not have a dedicated legal framework in Indiana. Your online will should be printed and physically signed with two witnesses present. The online service is a drafting tool; physical execution is required.
Indiana Will Requirements Checklist
✔ Indiana Legal Will Requirements (I.C. § 29-1-5-3)
- You are at least 18 years old (I.C. § 29-1-5-1) and of sound mind
- The will is in writing (typed or printed — holographic NOT valid)
- You sign the will in the presence of your witnesses
- At least two competent witnesses sign in your presence
- Witnesses should be disinterested (not beneficiaries) — safest practice
- Self-proving affidavit under I.C. § 29-1-5-3.1 — optional but strongly recommended
- Notarization required only for the self-proving affidavit, not the will itself
Indiana's Tax Environment: No Estate or Inheritance Tax
Indiana is one of the more tax-favorable states for estate planning in the Midwest:
- No state estate tax — Indiana has no state-level estate tax
- No inheritance tax — Indiana abolished its inheritance tax effective January 1, 2013 (I.C. § 6-4.1 was repealed). Before 2013, Indiana had an inheritance tax with rates varying by relationship to the deceased; that is now completely eliminated.
- Federal estate tax only — with a 2026 exemption of $13.61 million per individual, the vast majority of Indiana residents will never owe estate tax
This tax-friendly environment means most Indiana residents can focus on creating a straightforward will and advance directives without complex estate tax planning concerns.
Indiana Probate: How It Works
Probate in Indiana is handled by the Circuit Court or the Superior Court (in counties where the Superior Court has been assigned probate jurisdiction) in the county where the deceased resided. Marion County (Indianapolis) has a dedicated Probate Court.
The Probate Process
- Filing the will and petition with the court
- Appointment of the personal representative (executor)
- Notice to creditors — Indiana creditors have 3 months from the date of first publication to file claims
- Inventory and appraisal of estate assets
- Payment of debts, taxes, and expenses
- Final accounting and distribution to beneficiaries
Small Estate Affidavit and Summary Administration in Indiana
Indiana has two simplified procedures for smaller estates:
- Small Estate Affidavit (I.C. § 29-1-8-1): For estates where the gross probate estate value (less liens and encumbrances) does not exceed $25,000, heirs may use a simple affidavit to collect personal property, 45 days after death, without any court involvement.
- Summary Administration (I.C. § 29-1-19 et seq.): Indiana also provides a summary administration procedure for estates below a higher threshold — consult with the county Circuit or Superior Court for the current limit, which may be higher based on updated legislation.
Real property and larger estates require full probate. Given Indiana's relatively low basic affidavit threshold of $25,000, strategic planning with beneficiary designations and TOD accounts is valuable for many Indiana families.
Spousal and Family Allowances
Indiana provides allowances for the surviving spouse and minor children. Under I.C. § 29-1-4-1, the surviving spouse is entitled to a statutory allowance from the estate, and minor children may receive additional support during the probate period. These allowances are paid before general creditors.
Best Online Will Services for Indiana Residents
Best overall — Indiana-compliant documents with self-proving affidavit included
Will plan from
$199
Indiana IC 29-1 Compliant
Self-Proving Affidavit
Healthcare Directive
Durable POA
Free Updates
Trust & Will is our top pick for Indiana residents. It generates I.C. § 29-1-compliant documents, automatically includes the self-proving affidavit (strongly recommended in Indiana), and provides a clear guided questionnaire. The living trust option is also available for those wanting to avoid Indiana probate entirely.
✅ Pros
- Self-proving affidavit included
- Indiana-specific compliance
- Living trust option
- Free lifetime updates
❌ Cons
- Higher price than budget services
- Physical signing still required
Start Your Indiana Will at Trust & Will →
Good for Indiana residents who want attorney access
Will plan from
$99
IN-Compliant
Attorney Network
Business Docs
LegalZoom is a solid option for Indiana residents who want occasional attorney access alongside their estate planning documents. Useful for business owners or those with more complex situations.
✅ Pros
- Attorney access option
- IN-compliant documents
- Established brand
❌ Cons
- Upsells throughout process
- Updates extra cost
Visit LegalZoom →
Subscription with unlimited Indiana document access
From
$39.99/mo
IN Templates
Attorney Q&A
Cancel Anytime
Rocket Lawyer provides Indiana-compliant will templates with attorney Q&A. A good fit for those who need multiple documents or want the ability to ask a licensed attorney questions about Indiana estate planning.
✅ Pros
- Unlimited docs
- Attorney Q&A
- Cancel anytime
❌ Cons
- Monthly subscription
- Less guided flow
Visit Rocket Lawyer →
Budget option for simple Indiana estates
From
$9.95/mo
Low Cost
IN Templates
Fast
LawDepot is the most affordable option and provides Indiana-compliant will templates. Best for simple, uncomplicated estates. Less guidance than Trust & Will but legally sound for basic situations.
✅ Pros
- Very affordable
- Quick process
- IN-compliant
❌ Cons
- Subscription required
- Limited depth
Visit LawDepot →
Indiana Service Comparison
| Service | Price | Best For | Indiana Notes |
|---|
| Trust & Will (Will Plan) | $199 | Best overall | IC 29-1 compliant, self-proving affidavit |
| Trust & Will (Trust Plan) | $299 | Avoid probate | Living trust for Indiana estates |
| LegalZoom | $99+ | Attorney access | IN-compliant + attorney subscription |
| Rocket Lawyer | $39.99/mo | Multiple docs | Unlimited IN templates + Q&A |
| LawDepot | $9.95/mo | Budget/simple | IN-compliant basic will |
| IN Attorney | $800–$1,800 | Complex estates | Full planning + custom advice |
Ready to Make Your Indiana Will?
Trust & Will generates Indiana IC 29-1 compliant documents with the self-proving affidavit included — our top pick for Indiana residents.
Start Your Indiana Will at Trust & Will →
Related Resources
Frequently Asked Questions
Is an online will legal in Indiana?
Yes. Online wills are fully legal in Indiana under I.C. § 29-1-5-3 if they are in writing, signed by the testator (age 18+), and attested by two competent witnesses in the testator's presence. A self-proving affidavit under I.C. § 29-1-5-3.1 is optional but strongly recommended.
How many witnesses does an Indiana will require?
Indiana requires at least two competent witnesses who must sign in the testator's presence (I.C. § 29-1-5-3). Disinterested witnesses (non-beneficiaries) are strongly recommended to avoid complications during probate.
Does Indiana have a self-proving affidavit?
Yes, under I.C. § 29-1-5-3.1. This notarized affidavit signed by the testator and both witnesses at will execution allows the will to be admitted to probate without requiring witnesses to testify. While optional, it is strongly recommended and most quality online services include it.
Are holographic wills valid in Indiana?
No. Indiana does NOT recognize holographic wills. All wills must be in writing and witnessed by two competent witnesses. A handwritten, unwitnessed will has no legal effect in Indiana — the estate would be treated as intestate.
Does Indiana have a state estate tax?
No. Indiana has no state estate tax and abolished its inheritance tax effective January 1, 2013. Only the federal estate tax applies, with a 2026 exemption of $13.61 million. Indiana is tax-favorable for estate planning.
What is Indiana's small estate threshold?
Indiana's basic small estate affidavit under I.C. § 29-1-8-1 applies when the gross probate estate (less liens) does not exceed $25,000, with no real property. Heirs must wait 45 days after death. Indiana also has a summary administration procedure for larger small estates. Estates with real property require full probate in Circuit or Superior Court.
What court handles probate in Indiana?
Indiana probate is handled by the Circuit Court or Superior Court in the county where the deceased resided. Marion County (Indianapolis) has a dedicated Probate Court. The process includes filing the will, qualifying the personal representative, notifying creditors (3-month claim period), and distributing to beneficiaries.
How much does an online will cost in Indiana?
Online will services for Indiana residents cost $89–$199 for a complete will package. Trust & Will's will plan is $199 and includes will, power of attorney, healthcare directive, and free updates. Indiana estate planning attorneys typically charge $800–$1,800.