Indiana: Personal Property Memorandum Requirements
The short answer
Yes. An Indiana will may refer to a signed separate writing or list for tangible personal property not otherwise specifically disposed of, other than property used in trade or business. The writing must describe the items and beneficiaries with reasonable certainty and may be prepared or altered before or after the will. If multiple otherwise-effective writings conflict, the most recent writing revokes the inconsistent earlier provisions.
Ask Ezel about your situation
This is the general rule in Indiana. Ask about your specific facts and see which parts of current Indiana law apply, with citations to the statutes.
| Governing law and device recognized | Yes; separate written statement or list under IC 29-1-6-1(m) |
|---|---|
| Will reference required | Yes; will must refer to the writing, which may be prepared after will execution (IC 29-1-6-1(m)) |
| Eligible property and exclusions | Tangible personal property not otherwise specifically disposed of; expressly excludes property used in trade or business; no other asset exclusions listed (IC 29-1-6-1(m)) |
| Signature, handwriting, and date | Testator must sign; handwriting alone is insufficient; no date, signature-placement, witness, or notary condition stated (IC 29-1-6-1(m)) |
| Item and devisee identification | Items and beneficiaries must be described with reasonable certainty (IC 29-1-6-1(m)) |
| Timing before or after the will | May be prepared before or after will execution and may have no significance apart from the will's dispositions (IC 29-1-6-1(m)) |
| Alteration, replacement, and conflict priority | May be altered; among multiple otherwise-effective writings, most recent controls inconsistencies; no date or alteration ceremony stated (IC 29-1-6-1(m)) |
| Probate use, effect, and failure consequence | Qualifying signed writing is admissible evidence of intended disposition; subsection states no separate filing, delivery, liability shield, lapse, or savings rule |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law and eligible property
IC 29-1-6-1(m), not IC 29-1-5-3.2, recognizes Indiana's separate writing or
list. It reaches tangible personal property not otherwise specifically disposed
of by the will and expressly excludes property used in a trade or business. It
does not enumerate money, debt evidence, title documents, or securities as
additional exclusions, but each asset still must be tangible personal property.
Will reference and timing
The will must refer to the writing. The writing may be prepared before or after
will execution and may have no significance apart from its effect on the will's
dispositions. Subsection (m) does not provide a parallel trust route.
Signature required
The testator must sign the writing. Handwriting alone is not an alternative.
The subsection states no date, signature-placement, witness, or notarization
condition for the list.
Item and beneficiary identification
The writing must describe both the items and the beneficiaries with reasonable
certainty. The statute does not prescribe serial numbers, addresses,
relationships, estimated values, or alternate recipients as universal fields.
Alterations and competing writings
The testator may alter the writing after it is prepared. If more than one
otherwise-effective writing exists, the most recent writing revokes inconsistent
provisions of earlier writings. The subsection does not state a date requirement
or a separate signature-and-date ceremony for an alteration, although the
operative writing must satisfy the signature requirement.
What trips people up
The commonly cited § 29-1-5-3.2 is unrelated. That current section concerns
video, photographs, or audio recorded during will execution. Indiana's actual
personal-property-list rule is subsection (m) of § 29-1-6-1.
The statute's trust and asset boundaries also matter. Subsection (m) speaks only
of a will and expressly excludes trade or business property; it does not create
a revocable-trust list route or reproduce Tennessee-style exclusions.
Common questions
Must the writing be dated?
No date requirement appears in IC 29-1-6-1(m).
Must it be witnessed or notarized?
No. The subsection requires the testator's signature but states no witness or
notary condition for the list.
Can it be prepared after the will?
Yes. The statute expressly permits preparation before or after will execution.
Which of two conflicting lists controls?
The most recent otherwise-effective writing revokes the inconsistent provisions
of each earlier writing.
Statutes and sources
- IC 29-1-6-1(m) — covered and excluded property, will reference, mandatory
signature, reasonable certainty, timing, alterations, independent significance,
admissibility, and conflict priority. Indiana General Assembly 2026 code:
https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_6.pdf (accessed
2026-08-11; section history through P.L.149-2012). - IC 29-1-5-3.2 — current text of the unrelated video-evidence provision
miscited by the live form. Indiana General Assembly 2026 code:
https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_5.pdf (accessed
2026-08-11).
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Indiana handles this in general. Ask your specific question and see which parts of current Indiana law apply to your facts, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.