Ind. Code » Title 29
Indiana Code

Ind. Code § 29-1-7-13 (2026)

Admission to probate; petitions; self-proved wills; signature requirement presumptions

✓ current as of May 2026
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     Sec. 13. (a) When a will is offered for probate, if the court finds that the testator is dead and that the will was executed in all respects according to law, it shall be admitted to probate as the last will of the deceased, unless objections are filed as provided in section 16 of this chapter.

     (b) On a petition for the qualification of an executor or for the appointment of an administrator the court shall grant letters accordingly or, on proper grounds, may deny the petition.

     (c) If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and verifications annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or verification.

Formerly: Acts 1953, c.112, s.713; Acts 1975, P.L.288, SEC.7.

 

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2011–2025 · leading case: In the Matter of the Supervised Est. of Gary D. Kent John David Kent & Kevin Kent, as Co-Pers. Representatives of the Est. of Gary D. Kent Nicholas Kent & David Kent v. Cynthia Kerr, 99 N.E.3d 634 (Ind. 2018).
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In the Matter of the Supervised Est. of Gary D. Kent John David Kent & Kevin Kent, as Co-Pers. Representatives of the Est. of Gary D. Kent Nicholas Kent & David Kent v. Cynthia Kerr, 99 N.E.3d 634 (Ind. 2018). · cites it 4× “, I.C. § 29-1-7-13(a) (requiring that the court find “that the testator is dead” before admitting an offered will to probate).”
Scribner v. Gibbs, 953 N.E.2d 475 (Ind. Ct. App. 2011). · cites it 2× “Indiana Code Section 29-1-7-13(c) states: If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and…”
Unsupervised Est.: Bobbe Singleton v. The Nat'l Bank of Indianapolis (Ind. Ct. App. 2025). · cites it 6× “Ind. Code § 29-1-7-13 (a) (footnote added).”
Elaine Davey v. Richard E. Boston (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “[12] Relevant to this case is the requirement that a will must be executed by the signature of the testator and at least two attesting witnesses.”
In the Matter of the Est. of Florian T. Latek Nicholas G. Grapsas v. Gerald Ronneau (Ind. Ct. App. 2012). · cites it 2× “8 The second circumstance is found under I.C. § 29-1-7-13(c) (West, Westlaw current through 2011 1st Regular Sess.”
— Ind. Code § 29-1-7-13(a) — 1 case
In the Matter of the Supervised Est. of Gary D. Kent John David Kent & Kevin Kent, as Co-Pers. Representatives of the Est. of Gary D. Kent Nicholas Kent & David Kent v. Cynthia Kerr, 99 N.E.3d 634 (Ind. 2018). “, I.C. § 29-1-7-13(a) (requiring that the court find “that the testator is dead” before admitting an offered will to probate).”
— Ind. Code § 29-1-7-13(c) — 2 cases
Scribner v. Gibbs, 953 N.E.2d 475 (Ind. Ct. App. 2011). “Indiana Code Section 29-1-7-13(c) states: If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and…”
In the Matter of the Est. of Florian T. Latek Nicholas G. Grapsas v. Gerald Ronneau (Ind. Ct. App. 2012). “8 The second circumstance is found under I.C. § 29-1-7-13(c) (West, Westlaw current through 2011 1st Regular Sess.”
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