requisites; limitations

   Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be

Terms Used In Indiana Code 29-1-5-4

  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Probate: Proving a will
  • Testator: A male person who leaves a will at death.
   (1) Declared to be his will by the testator before two (2) disinterested witnesses;

   (2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and

   (3) Submitted for probate within six (6) months after the death of the testator.

   (b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.

   (c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.

Formerly: Acts 1953, c.112, s.504.