Sec. 1. The purpose of this chapter is to provide rules for the valid execution, attestation, self-proving, and probate of wills that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a testator whose identity can be verified, who has testamentary capacity, and who is acting free from duress […]
Sec. 10. (a) Any person with the written authorization of the testator may maintain, receive, or transfer custody of: (1) the electronic record associated with an electronic will; (2) any document integrity evidence associated with an electronic record or electronic will; or (3) a complete converted copy of the electronic will. A testator may identify […]
Sec. 11. (a) After a testator’s death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator’s will or a complete converted copy of the testator’s electronic will shall be delivered to one (1) of the following individuals, in decreasing […]
Sec. 12. (a) As used in this section, “destroy” means any act that: (1) permanently deletes the electronic record associated with an electronic will; or (2) renders the electronic record associated with an electronic will unreadable and nonretrievable. (b) Any custodian or attorney holding an electronic will may destroy the electronic record associated with the […]
Sec. 13. A custodian or other person required or permitted to create an affidavit of regularity under this chapter may use a form that substantially complies with the following format: “Affidavit of Regularity for Electronic Will (1) Beginning on (insert date of first possession of the electronic will by the signatory of this affidavit) and […]
Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator: (1) the electronic record, including any accompanying document integrity evidence (if applicable), is prima facie evidence of: (A) the validity […]
Sec. 15. (a) As used in this section, “electronic will copy” means a complete converted copy of an electronic will that is deposited with a circuit court clerk under IC 29-1-7-3.1. (b) The following shall apply to the deposit of an electronic will copy with circuit court clerks: (1) IC 29-1-7-3.1(a). (2) IC 29-1-7-3.1(b). (3) […]
Sec. 16. (a) As used in this section and for the purpose of offering or submitting an electronic will in probate under IC 29-1-7, the “filing of an electronic will” means the electronic filing of a complete converted copy of the associated electronic will. (b) When filing an electronic will, the filing of any accompanying […]
Sec. 17. (a) This section shall apply to the situation created by: (1) the rejection of a petition to probate a deceased testator’s electronic or traditional paper will; or (2) the revocation of a deceased testator’s electronic will due to the timely filing of a will contest as described in IC 29-1-7-17. (b) The following […]
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; […]
Sec. 2. (a) Except as provided in subsection (b), electronic wills are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, probate, interpretation, storage, or use of an electronic will, the applicable statute from this article shall apply to the electronic […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Sec. 9. (a) If: (1) a person discovers an accurate and substantially complete copy of an electronic will that: (A) bears the signatures of the testator and attesting witnesses; and (B) lacks some other portion of the electronic will; or (2) the electronic record for an electronic will becomes lost or corrupted so that the […]
