Indiana Code 29-1-21-16. “Filing of an electronic will”
(b) When filing an electronic will, the filing of any accompanying document integrity evidence or identity verification is not required unless explicitly required by the court.
Terms Used In Indiana Code 29-1-21-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(1) for the purpose of probating the electronic will; and
(2) including accompanying:
(A) document integrity evidence;
(B) identity verification evidence; or
(C) evidence described in both clauses (A) and (B);
in the filing or in response to a court order under subsection (e)(2), the person shall file a complete and unredacted copy of the evidence described in clauses (A) and (B) as a nonpublic document under Rule 5 of the Rules on Access to Court Records. All personally identifying information pertaining to the testator or the attesting witnesses shall be redacted in the publicly filed copy.
(d) If an electronic will includes a self-proving clause that complies with section 4(f) of this chapter, the testator’s and witnesses’ compliance with the execution requirements shall be presumed upon the filing of the electronic will with the court without the need for any additional testimony or an accompanying affidavit. The presumption described in this subsection may be subject to rebuttal or objection on the grounds of fraud, forgery, or impersonation.
(e) After determining that a testator is dead and that the testator’s electronic will has been executed in compliance with applicable law, the court may:
(1) enter an order, without requiring the submission of additional evidence, admitting the electronic will to probate as the last will of the deceased testator unless objections are filed under IC 29-1-7-16; or
(2) require the petitioner to submit additional evidence regarding:
(A) the proper execution of the electronic will; or
(B) the electronic will’s freedom from unauthorized alteration or tampering after its execution.
The court may require the submission of additional evidence under subdivision (2) on the court’s own motion or in response to an objection filed under IC 29-1-7-16.
(f) The additional evidence that the court may require and rely upon under subsection (e)(2) may include one (1) or more of the following:
(1) Readable copies of the document integrity evidence or the identity verification evidence associated with the electronic will.
(2) All or part of the electronic record (if available) in a native or computer readable form.
(3) A sworn or verified affidavit from:
(A) an attorney or other person who supervised the execution of the electronic will; or
(B) one (1) or more of the attesting witnesses.
(4) An affidavit signed under section 9(b) of this chapter by a person who created a complete converted copy of the electronic will.
(5) A sworn or verified affidavit from a qualified person that:
(A) describes the person’s training and expertise;
(B) describes the results of the person’s forensic examination of the electronic record associated with:
(i) the electronic will at issue; or
(ii) any other relevant evidence; and
(C) affirms that the electronic will was not altered or tampered with after its execution.
(6) Any other evidence, including other affidavits or testimony, that the court considers material or probative on the issues of proper execution or unauthorized alteration or tampering.
(g) If the court enters an order admitting an electronic will to probate after receiving additional evidence, any of the additional evidence may be disputed through a will contest that is timely filed under IC 29-1-7-17.
As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.12; P.L.162-2022, SEC.15.