§ 29-1-22-2 — Establishment and administration of registry

Indiana § 29-1-22-2

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 22: Electronic Estate Planning Documents Registry

Text

(a) The Indiana supreme court and the office
of judicial administration are authorized to establish and administer a
statewide electronic estate planning documents registry under rules
adopted by the Indiana supreme court.
(b) If permitted under the rules adopted for the registry, the
following individuals may deposit one (1) or more of the items
described in subsection (c) with the registry:
(1) A testator.
(2) A settlor.
(3) A principal.
(4) An attorney for any person described in subdivisions (1)
through (3).
(5) A custodian of an electronic estate planning document.
(c) The following items may be deposited in the registry:
(1) Information concerning:
(A) individual testators, settlors, or principals;
(B) electronic estate planning documents; or
(C) the execution of an electronic estate planning document
deposited into the registry.
(2) The electronic record for an electronic estate planning
document.
(3) Any document integrity evidence associated with an electronic
estate planning document.
(4) A digital and readable copy of a complete converted copy of
an electronic estate planning document.
An item described in this subsection may be submitted to or deposited
with the registry through digital or online means if permitted by the
rules adopted for the registry.
(d) The administrator of the registry may collect a one (1) time fee
for deposit of an item described in subsection (c). The amount charged
under this subsection must:
(1) be set by the office of judicial administration; and
(2) be charged at the time of the deposit.
(e) The registry administrator shall create an index consisting of
each item submitted to or deposited with the registry. The index shall
be organized according to the following characteristics:
(1) The name of the testator, settlor, or principal.
(2) The county of residence for the testator, settlor, or principal.
(3) The date of execution of an electronic estate planning
document.
(4) The date of submission to or deposit with the registry of
information pertaining to an electronic estate planning document
submitted to or deposited with the registry.
(5) The name of any attorney responsible for the preparation or
execution of an electronic estate planning document.
The registry administrator shall assign a unique document number or
identifier to each electronic estate planning document submitted to or
deposited with the registry.
(f) The registry administrator shall make the index:
(1) available to the public; and
(2) searchable by digital or online means.
The registry administrator may not charge a fee for access to or use of
the index.
(g) The registry administrator shall ensure that any information:
(1) contained in an electronic estate planning document submitted
to or deposited with the registry; and
(2) not described in subsection (e);
is not accessible to or searchable by the public.
(h) The registry administrator, upon receipt of a digital, online, or
written request by an interested person, shall issue a certified report
specifying whether or not the registry possesses any items described in
subsection (c) for the specific testator, settlor, or principal who is the
subject of the request. If the registry possesses any items described in
subsection (c) for a specific testator, settlor, or principal, any certified
report issued under this subsection must contain the information
described in subsection (e) for the applicable testator, settlor, or
principal. The registry administrator may charge and collect a fee for
each report issued under this subsection. A fee charged under this
subsection must be:
(1) set by the office of judicial administration; and
(2) charged at the time the report described in this subsection is
issued.
(i) The registry administrator, upon receipt of a digital, online, or
written request from:
(1) a living testator, settlor, or principal;
(2) an attorney for a person described in subdivision (1);
(3) a person possessing written authorization from a living
testator;
(4) a person nominated as the personal representative, trustee, or
attorney in fact in an electronic estate planning document; or
(5) any interested person with respect to the testator's estate
following the testator's death;
shall prepare and issue a certified transcript of the electronic estate
planning document and all associated items in a form that may be
digitally saved and printed.
(j) A certified transcript issued under subsection (i) must consist of:
(1) the electronic estate planning document or a complete
converted copy of the electronic estate planning document, as
applicable, if the complete document was submitted to or
deposited with the registry;
(2) any document integrity evidence associated with the electronic
estate planning document, as applicable;
(3) the date and time the electronic estate planning document was
submitted to or deposited with the registry; and
(4) the unique document number or identifier that was assigned
to the electronic estate planning document under subsection (e).
The registry administrator may charge a fee for each transcript issued
under subsection (i). The amount charged for the issuance of a
transcript must be set by the office of judicial administration and
charged at the time the transcript is issued.
(k) A certified report issued under subsection (h) or a certified
transcript issued under subsection (i) constitutes prima facie evidence
of their respective contents and may be filed with a court without
further authentication in any proceeding described under IC 29-1-7.
(l) Nothing in this chapter shall be construed to prohibit the Indiana
supreme court and the office of judicial administration from expanding
the scope of the registry to permit:
(1) traditional paper estate planning documents; or
(2) information concerning the execution of traditional paper
estate planning documents;
from being submitted to or deposited with the registry. Documents
described in subdivisions (1) and (2) must be subject to the same or
substantially the same indexing, search procedures, transcript
procedures, and fee rates as electronic estate planning documents.

Legislative History

As added by P.L.231-2019, SEC.20.