Sec. 11. (a) After a testator‘s death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator’s will or a complete converted copy of the testator’s electronic will shall be delivered to one (1) of the following individuals, in decreasing order of priority, unless the testator has left other written instructions concerning the disposition of the testator’s electronic will:

(1) A person nominated in the electronic will as a personal representative of the testator’s estate and having priority to seek appointment.

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Terms Used In Indiana Code 29-1-21-11

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testator: A male person who leaves a will at death.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) A surviving spouse of the testator.

(3) A living adult child of the testator.

(4) A living parent of the testator.

(5) A living adult sibling of the testator.

(6) A beneficiary named or defined in the electronic will and entitled to share in the testator’s residuary probate estate.

(7) The clerk of the probate court having jurisdiction over the testator’s estate if the custodian or other person authorized to act on behalf of the testator has knowledge of:

(A) the testator’s domicile; or

(B) the location of the testator’s property at the time of the testator’s death.

The custodian or other person may use any means of delivery, including electronic means, that is commercially reasonable.

     (b) After the death of a testator, subsection (a) and IC 29-1-7-3(b) and IC 29-1-7-3(c) shall apply to electronic wills and permit the personal representative named in an electronic will or any other interested person to file a verified written application requesting a probate court with subject matter jurisdiction to order the delivery of the electronic will to the clerk of the probate court.

     (c) If a custodian or other person has possession of both the electronic record for a deceased testator’s electronic will and a complete converted copy of the electronic will:

(1) the custodian or other person shall deliver only the complete converted copy of the electronic will if delivery is made to the clerk of the probate court under subsection (a)(7); and

(2) the custodian or other person shall deliver both the electronic record and the complete converted copy of the electronic will if delivery is made to a person named in the testator’s written instructions or to any other person listed in subsection (a).

     (d) If the custodian or other person delivers the electronic will to the clerk of the probate court under subsection (a)(7) or subsection (b), the custodian or other person shall deliver only a complete converted copy of the electronic will to the clerk, unless the court rules or other applicable laws specifically require otherwise.

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

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