Indiana § 30-4-1.5-8 Delivery of electronic trust following death of settlor

Indiana Statutes

§ 30-4-1.5-8 — Delivery of electronic trust following death of settlor

Indiana § 30-4-1.5-8

Art. 4TRUST CODE

Ch. 1.5Electronic Trust Instruments

This text of Indiana § 30-4-1.5-8 (Delivery of electronic trust following death of settlor) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 30-4-1.5-8 (2026).

Text

(a)After a settlor's death becomes known to a custodian or other person in possession or control of the electronic record associated with the settlor's electronic trust instrument, or a complete converted copy of the settlor's electronic trust instrument, the custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter shall deliver the item to one (1) of the following persons in decreasing order of priority:

(1)A person already serving as trustee of the trust.

(2)A person nominated in the electronic trust instrument as a successor trustee and who has priority under the terms of the trust to accept appointment and to serve as trustee.

(3)The surviving spouse of the settlor.

(4)A living adult child of the settlor.

(5)A living parent of the

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(a) After a settlor's death becomes known to
a custodian or other person in possession or control of the electronic
record associated with the settlor's electronic trust instrument, or a
complete converted copy of the settlor's electronic trust instrument, the
custodian or other person in possession of an item described in section
7(a)(1) or 7(a)(2) of this chapter shall deliver the item to one (1) of the
following persons in decreasing order of priority:
(1) A person already serving as trustee of the trust.
(2) A person nominated in the electronic trust instrument as a
successor trustee and who has priority under the terms of the trust
to accept appointment and to serve as trustee.
(3) The surviving spouse of the settlor.
(4) A living adult child of the settlor.
(5) A living parent of the settlor.
(6) A living adult sibling of the settlor.
(7) A beneficiary named or defined in the electronic trust
instrument and entitled to a share of the trust's principal assets or
income.
(8) The clerk of the probate court that would have subject matter
jurisdiction of the settlor's estate based on the custodian's or other
person's knowledge of the settlor's domicile or the location of the
property of the settlor at the time of the settlor's death.
A custodian or other person in possession of an item described in
section 7(a)(1) or 7(a)(2) of this chapter may use any commercially
reasonable method of delivery to accomplish the requirements of this
section.
(b) If a custodian or other person has possession of both the
electronic record for a deceased settlor's electronic trust instrument and
a complete converted copy of the same electronic trust instrument, the
custodian or other person shall deliver both to an authorized person
who:
(1) is described in subsection (a); or
(2) is specified in written instructions left by the settlor.
If the custodian or other person delivers the electronic trust instrument
to the clerk of the probate court under subsection (a)(8), the custodian
or other person shall deliver only a complete converted copy of the
electronic trust instrument to the clerk, unless the court rules or other
applicable laws explicitly require otherwise.