Making a will is an important step in ensuring that your wishes are carried out after you pass away. In Indiana, it is possible to make a legal will online, but there are certain requirements that must be met in order for it to be valid. In this article, we will discuss the process of making an online will in Indiana, the legal requirements that must be met, and how to ensure that your will is legally binding. In Indiana, the law requires that the maker of the will must be present with two witnesses when signing the document. This means that even if you are making an electronic will, you must still have two witnesses present.
To make an online will in Indiana, you can use an online will creation service such as USLegalWills. A will is a document used to name a beneficiary and state who should receive your property after your death. It also allows you to appoint a legal representative to carry out your wishes. A will only comes into effect after death and must go through a process of legalization known as probate.
Probate is a legal process that takes place in court after someone dies and can be time-consuming and costly due to attorney and court fees. Two important things that can be done with a will but not with a trust are appointing a power of attorney and guardian for children. To begin the probate process for an Indiana will, the executor must file a “petition for probate” with the probate court to request probate letters. From there, the personal representative can proceed with administering the estate. In order for a will to be legally binding in Indiana, it must be signed by the testator (the person making the will) and two witnesses in the same physical space.
However, as of April 29th 2021, Indiana has introduced new laws which allow for “virtual presence” and “remote witness” methods of signing wills. This means that if the testator and witnesses can interact in real time within the same physical space or using any type of bidirectional technology that allows eye and auditory contact (such as FaceTime or Zoom), then this would meet the “presence” requirement. It is also possible for another adult (not one of the witnesses) to sign on behalf of the testator in their direct physical presence. For example, if the testator and two witnesses are in separate rooms within the same building but can see and hear each other in real time using a glass window or two-way video, then this would meet the “presence” requirement. If a do-it-yourself will is properly signed without the participation of a lawyer or directed paralegal and if there is no controversy over its content, then it could be admitted to probate. However, if it is signed using remote witnesses or signing counterparties without supervision or participation from a licensed attorney or directed paralegal, then it remains voidable at the discretion of the probate court. Finally, it is important to note that durable powers of attorney (POAs) do not need to be notarized in Indiana; they only need to be signed by two witnesses.
