What are the requirements for a valid will?
In Indiana, for a will to be valid, it must be in writing, signed by the testator (the person making the will), and witnessed by two people. The testator must also be at least 18 years of age and of sound mind. In addition, the testator must have the legal capacity to make decisions regarding their own estate. This means they must understand the nature and consequences of making a will, and must be able to make a reasonably-informed decision about who will receive their property after their death. The signatures of both the testator and the witnesses must be made on the same page, and the witnesses must be present when the testator signs the will. The witnesses must then sign their own names, inserting their place of residence, and may not be a beneficiary of the will. While it is not legally required, it is strongly recommended that a will be notarized. This is done by finding a notary public and having them witness the signing of the will. The notary public will then sign and stamp the will, providing further proof that it was properly executed. Probate laws in Indiana also require that a will must be filed at the local county probate court as soon as possible after the testator’s death. This is done to begin the probate process and ensure that all assets are distributed according to the wishes of the testator.
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