Detailed Answer
Short answer: If a will fails Indiana’s formal signing requirements, a probate court will generally refuse to admit it as a valid will. When that happens, the decedent’s property passes according to Indiana’s intestacy rules (the law that controls distribution when there is no valid will). The person named in the defective document usually will not become the estate’s personal representative; the court follows statutory priority to appoint someone else and the estate is administered under Indiana probate procedures.
How Indiana law treats an improperly signed will
Under Indiana law, a valid will must meet statutory execution rules. The basic requirements include that the will be in writing, be signed by the testator (or by another person at the testator’s direction), and be attested by at least two witnesses who sign in the testator’s presence. See Indiana Code § 29‑1‑5‑1 for the formal execution requirements: https://iga.in.gov/legislative/laws/2024/ic/titles/29/articles/1/chapters/5/sections/1.
If a document does not meet those formalities (for example, the testator did not sign, the required number of witnesses did not sign, or the witnesses did not sign in the testator’s presence), the probate court ordinarily will not admit the document as a valid will. When a court declines admission, the estate is treated as though the decedent died intestate (without a valid will).
What happens when the estate is treated as intestate
When the will is not admitted, the probate court distributes assets under Indiana’s intestacy rules. Those rules determine which relatives inherit and in what shares (for example, spouse, children, parents, siblings). See the intestacy provisions in Indiana Code (Title 29, Chapter 1, Article 2) for the detailed rules: https://iga.in.gov/legislative/laws/2024/ic/titles/29/articles/1/chapters/2/sections/1.
Key practical consequences:
- The person named as executor in the invalid will has no automatic authority. The court chooses a personal representative under statutory priority.
- Assets that pass outside probate (joint tenancy with right of survivorship, life insurance or retirement accounts with beneficiary designations, trusts, payable‑on‑death accounts) will still pass according to those designations and are not controlled by the will.
- The estate will follow the statutory distribution scheme, which can differ significantly from the decedent’s intended distribution.
- Creditors must still be notified and paid through probate administration, just as with a valid will.
Possible challenges and limited remedies
Family members or interested parties sometimes try to keep an improperly executed document effective. Typical approaches include:
- Arguing the document was in fact properly executed (factual witness evidence).
- Claiming the decedent had testamentary intent and asking the court to admit the document under any available equitable or statutory exception. (Some states have doctrines like “harmless error” or allow admitting documents that show clear testamentary intent even if formalities are imperfect. Whether and how such doctrines apply in Indiana depends on current case law and statutory provisions.)
- Asserting the document is not a will but some other legally effective transfer (e.g., trust transfer, beneficiary designation).
These routes require filing objections or petitions in probate court and presenting evidence. They can be contested, fact‑intensive, and sometimes expensive. If the challenge succeeds, the document may be admitted in whole or in part; if it fails, intestacy controls.
Appointment of a personal representative
The probate court appoints a personal representative under Indiana’s priority rules when no valid will names an executor. That person must qualify, take an oath, and follow probate procedures. The representative collects assets, notifies creditors, pays valid debts and taxes, and distributes what remains according to intestacy law or the admitted will.
Example (hypothetical)
Mary signs a typed document leaving her house equally to her two children but forgets to have two witnesses sign. When Mary dies, a probate court finds the document fails Indiana’s execution requirements. The court refuses to admit it. Because Mary left no valid will, the estate enters probate under intestacy. If Mary is survived by the two children and no spouse, the children will inherit under Indiana’s intestacy rules; if a spouse exists, the distribution will follow the spouse/children priority set by statute.
Practical steps to take if you encounter an improperly signed will
- Locate the original document (courts usually require an original will to consider admission).
- Do not distribute estate assets. The court controls distributions through probate.
- Check for non‑probate assets (life insurance, beneficiary designations, joint accounts) that may pass outside probate.
- Talk to an Indiana probate attorney quickly to evaluate whether there is a basis to admit the document or whether intestacy applies.
- If you are an interested party, be prepared to file timely petitions or objections; probate courts enforce filing deadlines and notice requirements.
Where to find the statutes
Primary Indiana statutes on will execution and intestacy are available through the Indiana General Assembly website. Relevant starting points:
- Execution of wills: Indiana Code § 29‑1‑5‑1 — https://iga.in.gov/legislative/laws/2024/ic/titles/29/articles/1/chapters/5/sections/1
- Intestate succession (distribution when no valid will): Indiana Code, Title 29, Article 1, Chapter 2 — https://iga.in.gov/legislative/laws/2024/ic/titles/29/articles/1/chapters/2/sections/1
Helpful Hints
- Do not assume a poorly executed will controls anything. Confirm with the court or an attorney.
- Gather the original document and any drafts, witness names, and contemporaneous notes—these help if you seek to admit the document.
- Check beneficiary designations and titles on financial accounts — those often govern outside probate.
- If you are nominated as executor in a defective will, be careful: you do not have authority until the court appoints you. Seek legal advice before acting.
- Time matters: probate proceedings have deadlines for filings, creditor claims, and contesting will admission.
- Consider mediation or estate settlement discussions if family members disagree; litigation is costly and slow.
Disclaimer: This article provides general information about Indiana probate law and is not legal advice. Laws change and individual situations vary. Consult a licensed Indiana probate attorney for advice tailored to the specific facts and for assistance in court filings.