Detailed Answer
Before you open probate in Indiana, you must locate the original will and any codicils and verify they comply with state law. Under Indiana Code §29-1-3-2, probate must begin in the county where the decedent lived at death. Follow these steps:
1. Conduct a thorough search
Check the decedent’s home, safe deposit box, personal files, and digital storage. Ask family members or close friends whether they know of any location where original documents may be kept.
2. Contact the attorney who drafted the will
Many attorneys retain original wills or act as safekeeping agents. If the decedent employed counsel, call the law office to ask whether they hold an original or self-proving affidavit.
3. Consult the county clerk’s office
While Indiana lacks a statewide will registry, some counties permit voluntary filing for safekeeping. Ask the clerk whether the decedent filed an original will or codicil for storage.
4. Verify formal execution
Indiana requires that a will be: a) in writing; b) signed by the testator or in the testator’s presence at their direction; and c) attested by at least two witnesses (IC §29-1-5-2). If the original document includes a self-proving affidavit under IC §29-1-8-2, the probate court will waive live witness testimony.
5. Admit a copy if the original is lost
If you cannot locate the original, you may petition to admit a copy. Under IC §29-1-5-4, the court will accept a copy if you prove the original’s due execution and explain its nonproduction.
Disclaimer: This article provides general information on Indiana law and does not constitute legal advice. Consult a licensed attorney to discuss your situation.
Helpful Hints
- Document all your search efforts in writing.
- Keep copies of affidavits from witnesses who attest to a lost will’s authenticity.
- Review any codicils alongside the main will to ensure you understand all amendments.
- Ask the clerk for sample petitions or local rules on admitting copies of wills.
- Consider hiring an estate planning attorney if the search yields complex issues or disputes.