29-1-22-1. Definitions
Sec. 1. The following terms are defined for this chapter: (1) “Complete converted copy” means a document in any format that: (A) can be visually perceived in its entirety on a monitor or other display device; (B) can be printed; and (C) contains the following: (i) The text of an electronic will. (ii) The respective […]
29-1-22-2. Establishment and Administration of Registry
Sec. 2. (a) The Indiana supreme court and the office of judicial administration are authorized to establish and administer a statewide electronic estate planning documents registry under rules adopted by the Indiana supreme court. (b) If permitted under the rules adopted for the registry, the following individuals may deposit one (1) or more of the […]
29-1-21-3. Definitions
Sec. 3. The following terms are defined for this chapter: (1) “Affidavit of regularity” means an affidavit executed by a custodian or other person under section 13 of this chapter with respect to the electronic record for an electronic will or a complete converted copy of an electronic will. (2) “Complete converted copy” means a […]
29-1-21-18. “Digital Asset”; “Electronic Communication”; “Custodian”; “Users”; “Transaction”
Sec. 18. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic will is a “digital asset” as that term is defined in IC 32-39-1-10; (2) the electronic record for an electronic will is not an “electronic communication” as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12; […]
29-1-21-4. Attestation; Electronic Signature; Self-Proving Clause; Affidavit of Compliance
Sec. 4. (a) To be valid as a will under this article, an electronic will must be executed by the electronic signature of the testator and attested to by the electronic signatures of at least two (2) witnesses in the following manner: (1) The testator, the attesting witnesses, and any individual who signs for the […]
29-1-21-4.1. Certain Wills Executed in Reliance on Supreme Court Order
Sec. 4.1. (a) This section applies to a will or codicil that is electronically signed and witnessed: (1) on or after March 31, 2020; (2) before January 1, 2021; and (3) in reliance on the Indiana supreme court’s order signed and filed on March 31, 2020, under case number 20S-MS-237, as supplemented or extended by […]
29-1-21-5. Recordings; Photographs; Admissibility
Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will’s execution or a video recording of a testator either before or after the execution of an electronic will […]
29-1-21-6. “Form Vendor”; Instructions to Signatory
Sec. 6. (a) As used in this section, “form vendor” means any person who provides a testator with an electronic will form or a user interface for creating, completing, or executing an electronic will. The term includes: (1) an attorney who prepares an electronic will for a testator; and (2) any vendor or licensor of […]
29-1-21-7. Execution of Electronic Will
Sec. 7. An electronic will is legally executed if the manner of its execution complies with the law of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time of execution; or (3) the domicile of the testator at the time of execution or at the time of the […]
29-1-21-8. Revocation of Electronic Will
Sec. 8. (a) This section describes the exclusive methods for revoking an electronic will. Before a testator completes or directs the revocation of an electronic will, the testator shall: (1) comply with; or (2) direct a third party custodian to comply, as applicable, with; subsection (e). (b) A testator may revoke and supersede a previously […]