§ 29-1-21-9 — Use of converted copy; affidavit

Indiana § 29-1-21-9

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

Text

(a) If:
(1) a person discovers an accurate and substantially complete
copy of an electronic will that:
(A) bears the signatures of the testator and attesting witnesses;
and
(B) lacks some other portion of the electronic will; or
(2) the electronic record for an electronic will becomes lost or
corrupted so that the absence of unauthorized alteration or
tampering cannot be assured by viewing the electronic record;
the attorney, custodian, or living testator with access to a complete
nonelectronic copy of the electronic will or the person described in
subdivision (1) may prepare a complete converted copy of the
electronic will using all available information.
(b) A person who creates a complete converted copy of an electronic
will under subsection (a) shall sign an affidavit that specifies the
following:
(1) When the electronic will was created if not specified in the
body of the electronic will.
(2) When the electronic will was discovered.
(3) How the electronic will was discovered.
(4) The method and format that the electronic will was stored
under (if known).
(5) The methods (if any) used to:
(A) prevent alterations to the electronic record; or
(B) ensure the accuracy and authenticity of the electronic
record.
(6) Whether the electronic will has been altered since its creation.
(7) Confirmation that an electronic record, including any
associated document integrity evidence for the electronic will,
was created at the time the testator made the electronic will.
(8) Confirmation by the person responsible for:
(A) creating the complete converted copy; and
(B) signing the affidavit;
that, to the best of the person's knowledge, the electronic record
has not been altered while in the custody of the current custodian
or any prior custodian.
(9) Confirmation that the complete converted copy is a complete
and correct duplication of:
(A) the electronic will; and
(B) the date, place, and time of the electronic will's execution
by the testator and the attesting witnesses.
(c) A complete converted copy derived from a complete and correct
electronic will may be offered for and admitted to probate in the same
manner as a traditional paper will.
(d) A complete converted copy derived from a complete and correct
self-proved electronic will shall be presumed to be valid and, absent
any objection, admitted to probate without the need for additional
proof.
(e) If a complete converted copy is generated from a complete and
intact electronic record associated with an electronic will at or after the
time of its execution, the person who generates the complete converted
copy is not required to sign the affidavit described in subsection (b).

Legislative History

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