(a)This section applies to a will executed
before, on, or after July 1, 2003. A will, other than a nuncupative will,
must be executed by the signature of the testator and of at least two (2)
witnesses on:
(1)a will under subsection (b);
(2)a self-proving clause under section 3.1(c) of this chapter; or
(3)a self-proving clause under section 3.1(d) of this chapter.
(b)A will may be attested as follows:
(1)The testator, in the presence of two (2) or more attesting
witnesses, shall signify to the witnesses that the instrument is the
testator's will and either:
(B)acknowledge the testator's signature already made; or
(C)at the testator's direction and in the testator's presence have
someone else sign the testator's name.
(2)The attesting witnesses must sign in the pr
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(a) This section applies to a will executed
before, on, or after July 1, 2003. A will, other than a nuncupative will,
must be executed by the signature of the testator and of at least two (2)
witnesses on:
(1) a will under subsection (b);
(2) a self-proving clause under section 3.1(c) of this chapter; or
(3) a self-proving clause under section 3.1(d) of this chapter.
(b) A will may be attested as follows:
(1) The testator, in the presence of two (2) or more attesting
witnesses, shall signify to the witnesses that the instrument is the
testator's will and either:
(A) sign the will;
(B) acknowledge the testator's signature already made; or
(C) at the testator's direction and in the testator's presence have
someone else sign the testator's name.
(2) The attesting witnesses must sign in the presence of the
testator and each other.
An attestation or self-proving clause is not required under this
subsection for a valid will.
(c) Under the supervision of an attorney or directed paralegal, the
testator and the witnesses may execute and complete the will in two (2)
or more original counterparts that exist in a tangible and readable paper
form with:
(1) the testator's signature placed on one (1) original counterpart
in the presence of attesting witnesses; and
(2) the signatures of the witnesses placed on one (1) or more
different counterparts of the same will;
in a tangible and readable paper form. If a will is signed and witnessed
in counterparts under this subsection, the testator or an individual
acting at the testator's specific direction must physically assemble all
of the separately signed paper counterparts of the will and the
signatures of the testator and all attesting witnesses not later than five
(5) business days after all the paper counterparts have been signed by
the testator and witnesses. If the testator directs another individual to
assemble the separate, signed paper counterparts of the will into a
single composite paper document, the five (5) business day period does
not commence until the compiling individual receives all of the
separately signed paper counterparts. Any scanned copy or photocopy
of the composite document containing all signatures shall be treated as
validly signed under this section and may be electronically filed to offer
the will for probate under IC 29-1-7. If the testator dies after executing
a will under this subsection but before the separate counterparts are
assembled into a single composite paper document, the intervening
death of the testator shall not affect the validity of the will.
(d) An attorney or directed paralegal must supervise the execution
of a will that is signed and witnessed in counterparts as described in
subsection (c). An attorney or directed paralegal may supervise the
execution of a will in counterparts even if the supervising attorney or
directed paralegal is one (1) of the will's attesting witnesses. When an
attorney or directed paralegal supervises the execution of a will in
counterparts as described in subsection (c), the attorney or directed
paralegal must sign, date, and complete an affidavit of compliance
within a reasonable time after all paper counterparts of the will have
been signed by the testator and the witnesses. An affidavit of
compliance under this subsection must be sworn or affirmed by the
signing attorney or directed paralegal under the penalties of perjury and
must contain the following information:
(1) The name and residence address of the testator.
(2) The name and:
(A) residential address; or
(B) business address;
for each witness who signs the will.
(3) The address, city, and state in which the testator was
physically located at the time the testator signed an original
counterpart of the will.
(4) The city and state in which each attesting witness was
physically located when the witness signed an original
counterpart of the will as a witness.
(5) A description of the method and form of identification used to
confirm the identity of the testator to the witnesses and to the
supervising attorney or directed paralegal, as applicable.
(6) A description of the audiovisual technology or other method
used by the supervising attorney or paralegal, as applicable, the
testator, and the witnesses for the purpose of interacting with each
other in real time during the signing process.
(7) A description of the method used by the testator and the
witnesses to identify the location of each page break within the
text of the will and to confirm that the separate paper counterparts
of the will were identical in content.
(8) A general description of how and when the attorney or
paralegal, as applicable, physically combined the separate, signed
paper counterparts of the will into a single composite paper
document containing the will, the signature of the testator, and the
signatures of all attesting witnesses.
(9) The name, business or residence address, and telephone
number of the attorney or directed paralegal who supervised the
execution and witnessing of the will in counterparts.
(10) Any other information that the supervising attorney or
directed paralegal, as applicable, considers to be material with
respect to:
(A) the testator's capacity to sign a valid will; and
(B) the testator's and witnesses' compliance with subsection (c).
(e) When a party files a petition under IC 29-1-7 to probate a will
that was executed and witnessed in counterparts under subsection (c),
the party shall file a true copy of the affidavit of compliance under
subsection (d) with the petition or at any time ordered by the court. A
party who files a copy of the affidavit of compliance may redact private
information from the affidavit in a manner consistent with Rule 5 of the
Indiana Rules on Access to Court Records. If a will is executed and
witnessed in counterparts under subsection (c) but without the
supervision of an attorney or directed paralegal and that will is later
offered for probate under IC 29-1-7, the will is voidable in the
discretion of the court, upon objection to probate filed under IC 29-1-7-16, or upon a timely filed will contest under IC 29-1-7-17.
(f) A will that is executed substantially in compliance with
subsection (b) will not be rendered invalid by the existence of:
(1) an attestation or self-proving clause or other language; or
(2) additional signatures;
not required by subsection (b).
(g) A will executed in accordance with subsection (b) is self-proved
if the witness signatures follow an attestation or self-proving clause or
other declaration indicating in substance the facts set forth in section
3.1(c) or 3.1(d) of this chapter.
(h) This section shall be construed in favor of effectuating the
testator's intent to make a valid will.
Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4.
As amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1;
P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1;
P.L.176-2003, SEC.6; P.L.185-2021, SEC.2; P.L.9-2022,
SEC.60.