§ 29-1-21-3 — Definitions

Indiana § 29-1-21-3

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

Text

The following terms are defined for this
chapter:
(1) "Affidavit of regularity" means an affidavit executed by a
custodian or other person under section 13 of this chapter with
respect to the electronic record for an electronic will or a
complete converted copy of an electronic will.
(2) "Complete converted copy" means a document in any format
that:
(A) can be visually perceived in its entirety on a monitor or
other display device;
(B) can be printed; and
(C) contains:
(i) the text of the electronic will;
(ii) the electronic signatures of the testator and the witnesses;
(iii) a readable copy of any associated document integrity
evidence that may be a part of or attached to the electronic
will; and
(iv) a self-proving clause concerning the electronic will, if the
electronic will is self-proved.
(3) "Custodian" means a person, other than:
(A) the testator who executed the electronic will;
(B) an attorney;
(C) a person who is named in the electronic will as a personal
representative of the testator's estate; or
(D) a person who is named or defined as a distributee in the
electronic will;
who has authorized possession or control of the electronic will.
The term may include an attorney in fact serving under a living
testator's durable power of attorney who possesses general
authority over records, reports, statements, electronic records, or
estate planning transactions.
(4) "Custody" means the authorized possession and control of at
least one (1) of the following:
(A) A complete copy of the electronic record for the electronic
will, including a self-proving clause if a self-proving clause is
executed.
(B) A complete converted copy of the electronic will, if the
complete electronic record has been lost or destroyed or the
electronic will has been revoked.
(5) "Directed paralegal" means a nonlawyer assistant who is
employed, retained, or otherwise associated with a licensed
attorney or law firm and whose work is directly supervised by a
licensed attorney, as required by Rule 5.3 of the Rules of
Professional Conduct.
(6) "Document integrity evidence" means the part of the
electronic record for the electronic will that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic will has
not been altered after its initial execution and witnessing;
(C) is logically associated with the electronic will in a tamper
evident manner so that any change made to the text of the
electronic will after its execution is visibly perceptible when the
electronic record is displayed or printed;
(D) will generate an error message, invalidate an electronic
signature, make the electronic record unreadable, or otherwise
display evidence that some alteration was made to the
electronic will after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at
which, the electronic will was executed by the testator and
the attesting witnesses.
(ii) The text of the self-proving clause, if the electronic will
is electronically self-proved through use of a self-proving
clause executed under section 4(f) of this chapter.
(iii) The name of the testator and attesting witnesses.
(iv) The name and address of the person responsible for
marking the testator's signature on the electronic will at the
testator's direction and in the presence of the testator and
attesting witnesses.
(v) Copies of or links to the electronic signatures of the
testator and the attesting witnesses on the electronic will.
(vi) A general description of the type of identity verification
evidence used to verify the testator's identity.
(vii) The text of the advisory instruction, if any, that is
provided to the testator under section 6 of this chapter at the
time of the execution of the electronic will.
(viii) The content of the cryptographic hash or unique code
used to complete the electronic record and make the
electronic will tamper evident if a public key infrastructure or
similar secure technology was used to sign or authenticate the
electronic will and if the vendor or the software for the
technology makes inclusion feasible.
Document integrity evidence may, but is not required to, contain
other information about the electronic will such as a unique
document number, client number, or other identifier that an
attorney or custodian assigns to the electronic will or a link to a
secure Internet web site where a complete copy of the electronic
will is accessible. The title, heading, or label, if any, that is
assigned to the document integrity evidence (such as "certificate
of completion", "audit trail", or "audit log") is immaterial.
(7) "Electronic" has the meaning set forth in IC 26-2-8-102.
(8) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the
following:
(A) The document integrity evidence associated with the
electronic will.
(B) The identity verification evidence of the testator who
executed the electronic will.
(9) "Electronic signature" has the meaning set forth in IC 26-2-8-102.
(10) "Electronic will" means the will of a testator that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signatures of:
(i) the testator; and
(ii) the attesting witnesses; and
(C) contains the date and times of the electronic signatures
described by clause (B)(i) and (B)(ii).
The term may include a codicil that amends an electronic will or
a traditional paper will if the codicil is executed in accordance
with the requirements of this chapter.
(11) "Executed" means the signing of an electronic will. The term
includes the use of an electronic signature.
(12) "Identity verification evidence" means either:
(A) a copy of the testator's government issued photo
identification card; or
(B) any other information that verifies the identity of the
testator if derived from one (1) or more of the following
sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by the
testator.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying
the testator's identity using current or future technology.
(13) "Logically associated" means electronically connected, cross
referenced, or linked in a reliable manner.
(14) "Observe" means to perceive another's actions or expressions
of intent through the senses of eyesight or hearing, or both. The
term includes perceptions involving the use of technology or
learned skills to:
(A) assist the person's capabilities of eyesight or hearing, or
both; or
(B) compensate for an impairment of the person's capabilities
of eyesight or hearing, or both.
(15) "Observing" has the meaning set forth in subdivision (14).
(16) "In the presence of" has the meaning set forth in subdivision
(17).
(17) "Presence" means a process of signing and witnessing a will
in which:
(A) the testator and the witnesses:
(i) are directly present with each other in the same physical
space; or
(ii) are able to interact with each other in real time through
the use of audiovisual technology now known or later
developed;
(B) the testator and witnesses are able to positively identify
each other; and
(C) each witness is able to interact with the testator and with
each other by observing:
(i) the testator's expression of intent to execute the electronic
will;
(ii) the testator's actions in executing or directing the
execution of the testator's electronic will; and
(iii) the actions of every other witness in signing the will.
The term includes the use of technology or learned skills for the
purpose of assisting with hearing, eyesight, and speech, or for the
purpose of compensating for a hearing, eyesight, or speech
impairment.
(18) "Sign" means valid use of a properly executed electronic
signature.
(19) "Signature" means the authorized use of the testator's name
to authenticate an electronic will. The term includes an electronic
signature.
(20) "Tamper evident" means the feature of an electronic record,
such as an electronic will or document integrity evidence for an
electronic will, that will cause any alteration of or tampering with
the electronic record, after it is created or signed, to be perceptible
to any person viewing the electronic record when it is printed on
paper or viewed on a monitor or other display device. The term
applies even if the nature or specific content of the alteration is
not perceptible.
(21) "Traditional paper will" means a will or codicil that is signed
by the testator and the attesting witnesses:
(A) on paper; and
(B) in the manner specified in IC 29-1-5-3 or IC 29-1-5-3.1.
(22) "Will" includes all wills, testaments, and codicils. The term
includes:
(A) an electronic will; and
(B) any testamentary instrument that:
(i) appoints an executor; or
(ii) revives or revokes another will.

Legislative History

As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.116; P.L.231-2019, SEC.18; P.L.185-2021, SEC.6.