29-1-21-14. Prima Facie Evidence of Validity
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 […]
29-1-21-15. “Electronic Will Copy”; Deposit of Electronic Will
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) […]
29-1-21-1. Purpose of Chapter; Presumptions
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 […]
29-1-21-16. “Filing of an Electronic Will”
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 […]
29-1-21-2. Exclusive Authority; Application of Other Statutes
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 […]
29-1-21-17. “Other Electronic Will”; “Rejected Will”; Probate of Other Electronic Will or Rejected Will
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 […]
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 […]