Sec. 12. (a) As used in this section, “destroy” means any act that:

(1) permanently deletes the electronic record associated with an electronic will; or

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Terms Used In Indiana Code 29-1-21-12

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
  • Testator: A male person who leaves a will at death.
(2) renders the electronic record associated with an electronic will unreadable and nonretrievable.

     (b) Any custodian or attorney holding an electronic will may destroy the electronic record associated with the electronic will and any accompanying document integrity evidence (as applicable) at any time following the:

(1) fifth anniversary of a testator‘s will being admitted to probate;

(2) fifth anniversary of the date that the custodian ceases to have custody of the electronic will;

(3) tenth anniversary of the testator’s death;

(4) one hundredth anniversary of an electronic will’s execution; or

(5) valid revocation of an electronic will.

     (c) This section does not require a custodian, attorney, or other person to destroy a complete converted copy of an electronic will.

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