§ 29-1-21-11 — Delivery of electronic will; recipients; methods of delivery

Indiana § 29-1-21-11

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 21: Electronic Wills

Text

(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 order
of priority, unless the testator has left other written instructions
concerning the disposition of the testator's electronic will:
(1) A person nominated in the electronic will as a personal
representative of the testator's estate and having priority to seek
appointment.
(2) A surviving spouse of the testator.
(3) A living adult child of the testator.
(4) A living parent of the testator.
(5) A living adult sibling of the testator.
(6) A beneficiary named or defined in the electronic will and
entitled to share in the testator's residuary probate estate.
(7) The clerk of the probate court having jurisdiction over the
testator's estate if the custodian or other person authorized to act
on behalf of the testator has knowledge of:
(A) the testator's domicile; or
(B) the location of the testator's property at the time of the
testator's death.
The custodian or other person may use any means of delivery,
including electronic means, that is commercially reasonable.
(b) After the death of a testator, subsection (a) and IC 29-1-7-3(b)
and IC 29-1-7-3(c) shall apply to electronic wills and permit the
personal representative named in an electronic will or any other
interested person to file a verified written application requesting a
probate court with subject matter jurisdiction to order the delivery of
the electronic will to the clerk of the probate court.
(c) If a custodian or other person has possession of both the
electronic record for a deceased testator's electronic will and a
complete converted copy of the electronic will:
(1) the custodian or other person shall deliver only the complete
converted copy of the electronic will if delivery is made to the
clerk of the probate court under subsection (a)(7); and
(2) the custodian or other person shall deliver both the electronic
record and the complete converted copy of the electronic will if
delivery is made to a person named in the testator's written
instructions or to any other person listed in subsection (a).
(d) If the custodian or other person delivers the electronic will to the
clerk of the probate court under subsection (a)(7) or subsection (b), the
custodian or other person shall deliver only a complete converted copy
of the electronic will to the clerk, unless the court rules or other
applicable laws specifically require otherwise.

Legislative History

As added by P.L.40-2018, SEC.2.