The following terms are defined for this
chapter:
(1)"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;
(C)contains the following:
(i)The text of an electronic will.
(ii)The respective electronic signatures of the testator and
attesting witnesses.
(iii)A readable copy of all document integrity evidence, if
applicable.
(iv)A self-proving affidavit if the electronic will is
self-proved.
(2)"Document integrity evidence" means the part of the
electronic will, electronic trust instrument, or electronic power of
attorney that:
(A)is created and maintained electronically;
(B)includes digital markers to demonstrate that the electronic
will, electronic trust instrument, o
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The following terms are defined for this
chapter:
(1) "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 the following:
(i) The text of an electronic will.
(ii) The respective electronic signatures of the testator and
attesting witnesses.
(iii) A readable copy of all document integrity evidence, if
applicable.
(iv) A self-proving affidavit if the electronic will is
self-proved.
(2) "Document integrity evidence" means the part of the
electronic will, electronic trust instrument, or electronic power of
attorney that:
(A) is created and maintained electronically;
(B) includes digital markers to demonstrate that the electronic
will, electronic trust instrument, or electronic power of attorney
has not been altered or tampered with after its execution;
(C) is logically associated with the electronic will, electronic
trust instrument, or electronic power of attorney;
(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 record after its execution; and
(E) includes the following information:
(i) The city, state, date, and time of the execution of the
electronic will, electronic trust instrument, or electronic
power of attorney by the testator, settlor, or principal and any
attesting witnesses as applicable.
(ii) The text of the self-proving affidavit if the document is an
electronic will and is self-proved.
(iii) The name of the testator, settlor, or principal and the
names of all attesting witnesses, if applicable.
(iv) The name and address of any person responsible for
signing the signature of the testator, settlor, or principal on
the electronic document at the direction and in the presence
of the testator, settlor, or principal.
(v) Copies of or links to the electronic signatures of the
testator, settlor, or principal and any attesting witnesses, if
applicable.
(vi) A general description of the type of identity verification
evidence used to verify the identity of the testator, settlor, or
principal.
(vii) The content of the cryptographic hash or unique code
used to complete the electronic will, electronic trust
instrument, or electronic power of attorney and make the
electronic will, electronic trust instrument, or electronic
power of attorney tamper evident if a public key
infrastructure or similar secure technology was used to sign
or authenticate the electronic will, electronic trust instrument,
or electronic power of attorney and if the vendor or the
software for the technology makes inclusion feasible.
(3) "Electronic estate planning document" means:
(A) an electronic will;
(B) an electronic trust instrument;
(C) an electronic power of attorney; or
(D) any electronic document that:
(i) revokes; or
(ii) amends;
any document described in clauses (A) through (C).
(4) "Electronic power of attorney" has the meaning set forth in IC 30-5-11-3(8). The term includes an amendment to or a
restatement of the power of attorney if the amendment or
restatement complies with the requirements described in IC 30-5-11-5.
(5) "Electronic record" has the meaning set forth in IC 26-2-8-102(9). The term may include one (1) or more of the
following:
(A) The document integrity evidence associated with an
electronic will, electronic trust instrument, or electronic power
of attorney.
(B) The identity verification evidence of the testator, settlor, or
principal who executed the electronic will, electronic trust
instrument, or electronic power of attorney.
(6) "Electronic signature" has the meaning set forth in IC 26-2-8-102(10).
(7) "Electronic trust instrument" means a trust instrument for an
inter vivos trust created by a settlor or other person that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the settlor or other
person creating the trust; and
(C) contains the date and time of the electronic signature of the
settlor or other person creating the trust.
The term includes an amendment to or a restatement of a
revocable trust instrument when the amendment or restatement is
executed in accordance with the requirements of IC 30-4-1.5-6.
(8) "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 the testator and
attesting witnesses; and
(C) contains the date and time of the electronic signatures.
(9) "Executed" means the signing of an electronic estate planning
document. The term includes the use of an electronic signature.
(10) "Identity verification evidence" means:
(A) a copy of the government issued photo identification card
of the testator, settlor, or principal; or
(B) any other information that verifies the identity of the
testator, settlor, or principal 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, settlor, or principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying
the identity of the testator, settlor, or principal using current
or future technology.
(11) "Index" means the electronic estate planning documents
index created under section 2(e) of this chapter.
(12) "Logically associated" means electronically connected,
cross-referenced, or linked in a reliable manner.
(13) "Registry" means the statewide electronic estate planning
documents registry described in section 2(a) of this chapter.
(14) "Sign" means valid use of a properly executed electronic
signature.
(15) "Signature" means the authorized use of the name of the
testator, settlor, or principal to authenticate an electronic will,
electronic trust instrument, or electronic power of attorney. The
term includes an electronic signature.
(16) "Tamper evident" means the feature of an electronic record,
such as an electronic estate planning document or document
integrity evidence for an electronic estate planning document, 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.
(17) "Traditional paper estate planning document" means a will,
codicil, trust instrument, or power of attorney that is signed on
paper by the testator, settlor, or principal and:
(A) the attesting witnesses, in the case of a will or codicil; or
(B) a notary public, in the case of a power of attorney.