Indiana Self-Proving Affidavit Form 2025

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The will and self-proving affidavit do not require separate testator and witness signatures. A single signature of each of two witnesses in the presence of each other and in the presence of the signing testator both witnesses and self-proves the will. (Ind. Code Ann. 29-1-5-3.1(a), 29-1-21- 4(f), and Dellinger v.
In order for a will to be considered valid under Indiana law, the testator must be at least 18 years old, have testamentary capacity (be of sound mind), and freely sign the will in front of two witnesses. Additionally, the will must be written or printed in order to be legally binding.
The Role of the Probate Court Probate is a court-supervised process that ensures a deceased persons affairs are handled correctly. In Indiana, probate is crucial, especially for estates worth over $50,000, as mandated by state statutes.
The following are six critical sections that must be included: Title. This is either your name (Affidavit of Jane Doe) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. Statement of truth. Statement of facts. Closing statement of truth. Sign and notarize.
In California, Nevada, Illinois, and Indiana, the self-proving feature does not require a separate affidavit. Instead, the fact that the witnesses sign the will under the oath printed above their signatures is sufficient to have the will admitted into probate, unless a challenge is mounted.
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(d) A will is attested and self-proved if the will includes or has attached a clause signed by the testator and the witnesses that indicates in substance that: (1) the testator signified that the instrument is the testators will; (2) in the presence of at least two (2) witnesses, the testator signed the instrument or

self proving affidavit for will template