Indiana requires the actual presence of witnesses, even if the maker of the will is making an electronic will. Yes, you can make a will online in Indiana. To do so, use an online will creation service. We Recommend USLegalWills to Make a Will Online in Indiana.
This document is used to name a beneficiary and the state that should receive their property after their death. The document also allows you to appoint a legal representative to carry out these wishes. A will only comes into force after death and goes through legalization. Probate is a legal process that takes place in court after someone dies.
The process is time-consuming and often results in less money being spent on beneficiaries due to attorney and court fees. In succession, information is public, which can cause people to fight over assets and money. Two important things that can be done with a will, but not with a trust, are to appoint a power of attorney and a guardian for the children. Otherwise, the executor of an Indiana will must file a “petition for probate” with the probate court to request probate letters.
From there, the personal representative can proceed to the administration of the estate. If a testator with capacity can meet and interact in person with the two witnesses who attest in the same physical space, it will be easier and less costly for the testator and his lawyer to carry out the execution of the will and testify using the traditional “direct presence” interaction between the testator and the witnesses. HEA 1255 added detailed and broader definitions of “observe”, “presence” and “in the presence of” to the probate code for both traditional paper-signed wills (Indiana Code § 29-1-1-3 (a) (1), (1), (2) and (and electronic wills (I, C.) On April 29 and beyond, the “presence” requirement will be met 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. For example, the “presence” requirement would be met if the testator and witnesses talk on the phone from both sides of a glass window or use real-time audiovisual technology such as FaceTime, Zoom or Microsoft Teams.
When “Virtual Presence” and “Remote Witness” Can Be Used The following fact patterns illustrate when to use the new methods of signing and attesting a will. With any signature method, a competent testator can order another adult (not any of the witnesses) to sign the testator in the electronic or paper will in the direct physical presence of the testator. Testator T and witnesses are in separate rooms within the same building. T and witnesses can be seen and heard in real time using a glass window or two-way video.