This text of Indiana § 29-1-21-13 (Affidavit of regularity) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 continuing to the date
and time of this affidavit, the undersigned person has had
possession of (circle all that apply):
(A)the electronic record for the electronic will;
(B)a complete converted copy of the electronic will;
of (insert name of testator), which was electronically executed on
(insert date of electronic signing and attestation or insert reference
to time and date stamp).
(2)(Insert client number, customer number, document number, or
other unique
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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 continuing to the date
and time of this affidavit, the undersigned person has had
possession of (circle all that apply):
(A) the electronic record for the electronic will;
(B) a complete converted copy of the electronic will;
of (insert name of testator), which was electronically executed on
(insert date of electronic signing and attestation or insert reference
to time and date stamp).
(2) (Insert client number, customer number, document number, or
other unique identifier if any) is the unique identifier that the
undersigned person assigned to this electronic will in the
undersigned person's records.
(3) The undersigned person believes that the testator (circle one
(1) of the following):
(A) Is currently alive.
(B) Died on or about (insert date of testator's death).
(4) The undersigned person is (circle all of the following that
apply):
(A) Transferring custody of the electronic record for the
electronic will to the living testator of the electronic will.
(B) Transferring custody of the electronic record for the
electronic will to (insert name and address of successor
custodian).
(C) Transferring a complete converted copy of the electronic
will to (insert the name and address of the authorized recipient).
(D) Submitting the electronic record for the electronic will to
the (insert the name of the court) for probate.
(E) Submitting a complete converted copy for the electronic
will to the (insert the name of the court) for probate.
(5) If the undersigned person is transferring or submitting the
electronic record for the electronic will, it is in the following
format (insert description of the format).
(6) If the undersigned person is transferring or submitting the
electronic record for the electronic will, the undersigned person
affirms, under penalty of perjury, that the electronic record has
been in the undersigned person's possession or control for the
period of time stated in paragraph (1) and that during the
specified period of time the electronic record showed no
indication of unauthorized alteration or tampering.
(7) The undersigned person affirms, under penalty of perjury, that
(circle one (1) of the following):
(A) The undersigned has no knowledge of the testator's later
execution of a will or codicil that amends, revokes, or
supersedes the electronic will described in paragraph (1).
(B) The undersigned believes that the testator purportedly
revoked or amended the electronic will described in paragraph
(1) on (insert date, if known, or approximate time frame if date
is not known), by (insert known details about the amendment or
revocation).
(8) The undersigned person is (circle one (1) if applicable):
(A) The living testator who executed the electronic will.
(B) An attorney admitted to practice law in the state of Indiana.
(C) An attorney in fact or other person acting on the written
authority of the testator.
(D) A personal representative nominated in the electronic will.
(E) An interested person (as defined in IC 29-1-1-3) with
respect to the estate of the testator.
(F) A custodian currently in compliance with all applicable
requirements under IC 29-1-21-10.
___________________________________________________
(insert date and time of custodian's or other person's signature)
____________________________________________________
(insert name and signature of custodian or other person signing)
____________________________________________________
(insert job title or position of signatory if signatory is not an
individual).".