Simple Will - Indiana

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I – Identification; Revocation of Prior Wills
2. Article II – Family Information
3. Article III – Payment of Debts, Expenses, and Taxes
4. Article IV – Specific Bequests
5. Article V – Residuary Estate
6. Article VI – Appointment of Personal Representative (Executor)
7. Article VII – Powers of Personal Representative
8. Article VIII – Nomination of Guardian for Minor Children
9. Article IX – Simultaneous Death; Survivorship
10. Article X – No-Contest (In Terrorem) Clause
11. Article XI – Fiduciary Administration
12. Article XII – Governing Law; Probate Forum
13. Article XIII – Definitions
14. Article XIV – Miscellaneous
15. Article XV – Execution & Attestation
16. Article XVI – Self-Proving Affidavit (Optional, Recommended)

PREAMBLE

I, [TESTATOR FULL LEGAL NAME], a resident of [CITY], [COUNTY] County, Indiana, being of legal age (at least 18 years) and of sound mind and memory (Ind. Code § 29-1-5-1), do hereby declare this to be my Last Will and Testament (“Will”), revoking all prior Wills and Codicils.

ARTICLE I

IDENTIFICATION; REVOCATION OF PRIOR WILLS
1.1 Identification. I was born on [DATE OF BIRTH] and currently reside at [ADDRESS].
1.2 Revocation. I hereby revoke, annul, and cancel all prior Wills and Codicils made by me at any time heretofore.

ARTICLE II

FAMILY INFORMATION
2.1 Spouse. My spouse is [SPOUSE NAME] (“Spouse”).
2.2 Children. My children are:
  a. [CHILD 1 NAME, DOB]
  b. [CHILD 2 NAME, DOB]
[Add or delete as necessary.]
2.3 Future Children. The term “Children” includes any child hereafter born to or legally adopted by me.

ARTICLE III

PAYMENT OF DEBTS, EXPENSES, AND TAXES
3.1 Debts & Expenses. I direct my Personal Representative to pay from my residuary estate all enforceable debts, expenses of my last illness, funeral, burial, and administration costs, except those secured by collateral that my beneficiaries may elect to assume.
3.2 Taxes. All estate, inheritance, and similar transfer taxes payable by reason of my death shall be paid from my residuary estate without apportionment, unless any controlling beneficiary designation or governing instrument provides otherwise.

ARTICLE IV

SPECIFIC BEQUESTS
4.1 Tangible Personal Property Memorandum. I may leave a dated and signed written memorandum disposing of items of tangible personal property. Such memorandum, if found at my death, shall be incorporated herein by reference.
4.2 Specific Gifts. I give the following:
  a. [Description of asset] to [Beneficiary Name].
  b. [Description of asset] to [Beneficiary Name].

4.3 Lapse. If any specific beneficiary predeceases me, the gift shall lapse and be added to my residuary estate unless expressly provided otherwise.

ARTICLE V

RESIDUARY ESTATE
5.1 Primary Disposition. I give all the rest, residue, and remainder of my estate, real and personal, wherever situated (“Residuary Estate”) to my Spouse, [SPOUSE NAME].
5.2 Alternate Disposition. If my Spouse does not survive me by thirty (30) days, my Residuary Estate shall be distributed in equal shares per stirpes to my Children.
5.3 Contingent Beneficiaries. If neither my Spouse nor any Child survives me, I give my Residuary Estate to [CONTINGENT BENEFICIARY NAME(S)] per stirpes.

ARTICLE VI

APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR)
6.1 Primary Appointment. I nominate [PRIMARY EXECUTOR NAME], presently residing at [ADDRESS], as Personal Representative of my estate.
6.2 Successor Appointment. If the primary nominee fails or ceases to serve, I nominate [SUCCESSOR EXECUTOR NAME] as successor Personal Representative.
6.3 Bond. No Personal Representative shall be required to post bond, security, or surety, unless a court of competent jurisdiction finds a bond necessary to protect creditors, heirs, devisees, and legatees (Ind. Code § 29-1-7.5-2.5).

ARTICLE VII

POWERS OF PERSONAL REPRESENTATIVE
7.1 Incorporation of Statutory Powers. My Personal Representative shall have all powers granted by the Indiana Probate Code, including those under Ind. Code §§ 29-1-13-1 et seq.
7.2 Expanded Discretionary Powers. Without limitation, my Personal Representative may:
  a. Sell, lease, exchange, or mortgage real or personal property, publicly or privately, with or without notice and without court order.
  b. Invest and reinvest estate assets in any manner permissible for fiduciaries under Indiana law.
  c. Make distributions in cash or in kind, pro rata or non-pro rata.
  d. Employ and compensate attorneys, accountants, and other professionals, and indemnify them from estate assets.
  e. Execute all instruments and perform all acts necessary or advisable for proper administration.

ARTICLE VIII

NOMINATION OF GUARDIAN FOR MINOR CHILDREN
I nominate [GUARDIAN NAME], residing at [ADDRESS], as guardian of the person and property of any minor Child of mine. If this nominee fails or ceases to serve, I nominate [ALTERNATE GUARDIAN NAME].

ARTICLE IX

SIMULTANEOUS DEATH; SURVIVORSHIP
In the event any beneficiary fails to survive me by thirty (30) days, such beneficiary shall be deemed to have predeceased me for all purposes of this Will, unless contrary federal tax law requires a different result.

ARTICLE X

NO-CONTEST (IN TERROREM) CLAUSE
Should any beneficiary contest or initiate legal action to set aside any provision of this Will, directly or indirectly, any share or interest given to that beneficiary shall be forfeited and shall pass as if such beneficiary had predeceased me. This provision is intended to be, and shall be, enforced according to its express terms to the fullest extent permitted under Ind. Code § 29-1-6-2, which makes no-contest provisions in Indiana wills enforceable except as to certain statutorily excluded proceedings — including (without limitation) an action by a beneficiary for which a court finds good cause, an action by my Personal Representative (unless the Personal Representative is a beneficiary bound by this provision), a settlement agreement among beneficiaries and other interested persons, or an action seeking construction or interpretation of this Will. Nothing in this Article is intended to, or shall, apply to any proceeding excluded from enforcement under Ind. Code § 29-1-6-2(b).

ARTICLE XI

FIDUCIARY ADMINISTRATION
My Personal Representative may pay proper estate-administration expenses and exercise authority granted by this Will and controlling Indiana law. This Will creates no blanket fiduciary indemnity or damages cap and does not excuse a breach of fiduciary duty.

ARTICLE XII

GOVERNING LAW; PROBATE FORUM
This Will shall be governed by and construed in accordance with the laws of the State of Indiana. Venue for the probate of this Will and administration of my estate shall lie in the Circuit or Superior Court of [COUNTY] County, Indiana, having probate jurisdiction, being the county of my domicile at the time of my death (Ind. Code § 29-1-7-1).

ARTICLE XIII

DEFINITIONS
As used herein:
“Per stirpes” means proportional distribution by representation.
“Personal Representative” includes successor(s) and co-representatives.
“Children” and “Issue” include legally adopted descendants and exclude stepchildren unless expressly included.
Other capitalized terms have the meanings assigned in context.

ARTICLE XIV

MISCELLANEOUS
14.1 Headings. Headings are for convenience only and shall not affect interpretation.
14.2 Severability. If any provision is held invalid, the remaining provisions shall remain in full force.
14.3 Gender & Number. References to any gender include all genders; singular includes plural and vice versa where the context requires.

ARTICLE XV

EXECUTION & ATTESTATION
(Ind. Code § 29-1-5-3)

Executed on this ___ day of ____________, 20__, at _______________________, Indiana.

______________________________
[TESTATOR FULL LEGAL NAME], Testator

We, the undersigned, being present at the same time, hereby attest that the Testator signed the foregoing instrument, or acknowledged the Testator’s signature, in our presence, and declared the instrument to be the Testator’s Last Will and Testament; and we, at the Testator’s request and in the Testator’s presence and in the presence of each other, subscribe our names as attesting witnesses.

ARTICLE XVI

SELF-PROVING AFFIDAVIT
(Ind. Code § 29-1-5-3.1)

State of Indiana )
) ss:
County of _______)

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], who, being duly sworn, did each, for himself/herself, declare to me as follows:

1. That the Testator declared the instrument to be the Testator’s Last Will and Testament and signed it (or affirmed a previously made signature or directed another to sign for the Testator in the Testator's presence) in the presence of the Witnesses.
2. That the Testator executed the Will as a free and voluntary act for the purposes expressed in it.
3. That each Witness, in the presence of the Testator and of each other, signed the Will as a Witness.
4. That the Testator was, to the best knowledge of each Witness, at least eighteen (18) years of age (or a member of the armed forces or merchant marine of the United States or its allies) and of sound mind at the time of execution.
5. That each Witness was, at the time of attestation, competent to be a witness generally under Indiana law.

______________________________
[TESTATOR NAME], Testator

______________________________
[WITNESS 1 NAME], Witness

______________________________
[WITNESS 2 NAME], Witness

Subscribed, sworn to, and acknowledged before me by the Testator and the Witnesses on this ___ day of ____________, 20__.

______________________________
Notary Public
My Commission Expires: __________
County of Residence: _________

END OF DOCUMENT