§ 29-1-21-17 — "Other electronic will"; "rejected will"; probate of other electronic will or rejected will

Indiana § 29-1-21-17

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

Text

(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 terms are defined for this section:
(1) "Other electronic will" means:
(A) an electronic will that the same testator purportedly
executed in compliance with applicable laws on a date that
preceded the date of execution seen in the rejected will; or
(B) an electronic will that the same testator purportedly
executed in compliance with applicable laws on a date that
followed the date of execution seen on the rejected will;
where the petitioner or proponent for the electronic will is not
aware of any other paper will or electronic will executed by the
testator at a date later than the date of the testator's purposed
execution of the other electronic will.
(2) "Rejected will" means a will that is rejected for a reason
described in subsection (a).
(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may
file a petition requesting probate of another electronic will associated
with the testator. A complete converted copy of the other electronic
will and an affidavit of regularity must accompany any petition filed
under this subsection. The complete converted copy of another
electronic will is prima facie evidence of:
(1) the substance of the other electronic will; and
(2) the proper execution of the other electronic will.
(d) Section 16 of this chapter shall apply to any proceeding
concerning the probate of another electronic will of a deceased testator.
In the absence of:
(1) clear and convincing evidence; and
(2) written evidence;
of the testator's contrary intentions, the court shall presume that the
deceased testator would have preferred the probate and enforcement of
the testator's other electronic will to intestacy.

Legislative History

As added by P.L.40-2018, SEC.2. Amended by P.L.231-2019, SEC.19.