§ 29-1-21-10 — Maintenance, receipt, and transfer of electronic will

(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 and designate an adult individual as the
custodian of the testator's electronic will within the electronic record
of an electronic will.
(b) A custodian of an electronic will, any accompanying
self-proving clause, or any document integrity evidence logically
associated with the electronic will, has the following responsibilities:
(1) To use best practices to maintain custody of the electronic
record for the electronic will and any accompanying document
integrity evidence.
(2) To use best practices and commercially reasonable means to:
(A) maintain the privacy and security of the electronic record
associated with an electronic will; and
(B) exercise reasonable care to guard against unauthorized:
(i) disclosure of; and
(ii) alteration of or tampering with;
the electronic record.
(3) To maintain electronic and conceptual separation between
different testators and their respective electronic records and
electronic wills if the custodian maintains custody of two (2) or
more electronic records or electronic wills.
(4) To promptly generate a complete converted copy of each
electronic will and all accompanying document integrity evidence
after receiving a written request to do so from a living testator, the
court, or another authorized person.
(5) To promptly respond to a written instruction from the living
testator or another person with written authorization originating
from the living testator to transfer custody of the electronic will
to a successor custodian.
(6) To transfer the entire electronic record of the electronic will
to a successor custodian upon the receipt of a written instruction
requesting the transfer of the entire electronic record of an
electronic will to a successor custodian.
(7) To provide an executed delivery receipt to the outgoing
custodian who transfers:
(A) the electronic record;
(B) the electronic will;
(C) any accompanying document integrity evidence; or
(D) information pertaining to the format in which the electronic
record or electronic will is received;
if the receiving custodian agrees to assume responsibility for an
electronic record or an electronic will and all associated
documents from an outgoing custodian.
(8) To perform the following upon the death of the testator:
(A) To relinquish possession and control of the:
(i) electronic record associated with the testator's electronic
will; or
(ii) complete converted copy of the testator's electronic will
(if applicable);
to a person authorized to receive these items under section 11
of this chapter.
(B) To comply with the court order requiring the electronic
filing or delivery of the electronic will and any accompanying
document integrity evidence or a complete converted copy of
the electronic will, as applicable, with the court.
(C) To provide an accurate copy of:
(i) an electronic record; or
(ii) a complete converted copy of the testator's electronic will;
to any interested person who requests a copy for the purpose of
submitting the electronic will for probate.
(D) To furnish, for any court hearing or matter involving an
electronic will currently or previously stored by the custodian,
any information requested by the court pertaining to the
custodian's policies, practices, or qualifications as they relate to
the maintenance, production, or storage of electronic wills.
(c) A proposed successor custodian has no obligation to accept
delivery of an electronic will from an outgoing custodian or to accept
the responsibility of maintaining custody of an electronic record
associated with an electronic will. A successor custodian's execution
of a delivery receipt under subsection (b)(7) constitutes acceptance of
the appointment as successor custodian.
(d) If a custodian wishes to discontinue custody of an electronic
will, the custodian must send written notice to the testator or, if the
testator's whereabouts are unknown, to any other person:
(1) holding written authority from the testator; or
(2) identifiable from the custodian's records.
(e) A written notice described in subsection (d) must inform the
testator or other person authorized to act on the testator's behalf that the
custodian will transfer custody of the electronic record associated with
the electronic will to a successor custodian chosen by the current
custodian unless the testator or person authorized to act on behalf of the
testator provides the custodian with written direction not later than
thirty (30) days after the written notice described in subsection (d) was
first issued.
(f) If the testator or person authorized to act on the testator's behalf
does not respond to the current custodian with a contrary written
instruction before the end of the thirty (30) day period described in
subsection (e), the custodian may, in order of decreasing priority,
dispose of the electronic record associated with the electronic will in
one (1) of the following ways:
(1) The current custodian may transfer custody of the electronic
record for the electronic will to a successor custodian previously
designated by the testator.
(2) The current custodian may transfer custody of the electronic
will to a successor custodian selected by the current custodian.
(3) The current custodian may transmit a complete converted
copy of the electronic will and accompanying affidavit of
regularity under section 13 of this chapter to the testator or other
person authorized to act on behalf of the testator.

Legislative History

As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.117.