Warsaw, IN asked in Estate Planning and Probate for Indiana

Q: My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized.

My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized he had me his daughter as his executor, I've waited the 45 days after his passing have a notorized small estate affidavit but don't know what I need to do next to be his legal executor since it isn't notorized.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Estate Planning Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Wills in Indiana do not have to be notarized. They do require two witnesses to be in the presence of the testator as they sign.

A small estate affidavit does not appoint you to be the executor of the estate. It is used to claim property that you are entitled to as an heir without the need for going through the probate process.

You may benefit from sitting down with a probate attorney to help you figure out what you need to do next.

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