§ 29-1-21-16 — "Filing of an electronic will"

Indiana § 29-1-21-16

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

Text

(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
document integrity evidence or identity verification is not required
unless explicitly required by the court.
(c) If a person files an electronic will:
(1) for the purpose of probating the electronic will; and
(2) including accompanying:
(A) document integrity evidence;
(B) identity verification evidence; or
(C) evidence described in both clauses (A) and (B);
in the filing or in response to a court order under subsection (e)(2), the
person shall file a complete and unredacted copy of the evidence
described in clauses (A) and (B) as a nonpublic document under Rule
5 of the Rules on Access to Court Records. All personally identifying
information pertaining to the testator or the attesting witnesses shall be
redacted in the publicly filed copy.
(d) If an electronic will includes a self-proving clause that complies
with section 4(f) of this chapter, the testator's and witnesses'
compliance with the execution requirements shall be presumed upon
the filing of the electronic will with the court without the need for any
additional testimony or an accompanying affidavit. The presumption
described in this subsection may be subject to rebuttal or objection on
the grounds of fraud, forgery, or impersonation.
(e) After determining that a testator is dead and that the testator's
electronic will has been executed in compliance with applicable law,
the court may:
(1) enter an order, without requiring the submission of additional
evidence, admitting the electronic will to probate as the last will
of the deceased testator unless objections are filed under IC 29-1-7-16; or
(2) require the petitioner to submit additional evidence regarding:
(A) the proper execution of the electronic will; or
(B) the electronic will's freedom from unauthorized alteration
or tampering after its execution.
The court may require the submission of additional evidence under
subdivision (2) on the court's own motion or in response to an objection
filed under IC 29-1-7-16.
(f) The additional evidence that the court may require and rely upon
under subsection (e)(2) may include one (1) or more of the following:
(1) Readable copies of the document integrity evidence or the
identity verification evidence associated with the electronic will.
(2) All or part of the electronic record (if available) in a native or
computer readable form.
(3) A sworn or verified affidavit from:
(A) an attorney or other person who supervised the execution
of the electronic will; or
(B) one (1) or more of the attesting witnesses.
(4) An affidavit signed under section 9(b) of this chapter by a
person who created a complete converted copy of the electronic
will.
(5) A sworn or verified affidavit from a qualified person that:
(A) describes the person's training and expertise;
(B) describes the results of the person's forensic examination of
the electronic record associated with:
(i) the electronic will at issue; or
(ii) any other relevant evidence; and
(C) affirms that the electronic will was not altered or tampered
with after its execution.
(6) Any other evidence, including other affidavits or testimony,
that the court considers material or probative on the issues of
proper execution or unauthorized alteration or tampering.
(g) If the court enters an order admitting an electronic will to
probate after receiving additional evidence, any of the additional
evidence may be disputed through a will contest that is timely filed
under IC 29-1-7-17.

Legislative History

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.12; P.L.162-2022, SEC.15.