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
(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.
Structure Indiana Code
29-1-21-1. Purpose of Chapter; Presumptions
29-1-21-2. Exclusive Authority; Application of Other Statutes
29-1-21-4. Attestation; Electronic Signature; Self-Proving Clause; Affidavit of Compliance
29-1-21-4.1. Certain Wills Executed in Reliance on Supreme Court Order
29-1-21-5. Recordings; Photographs; Admissibility
29-1-21-6. "Form Vendor"; Instructions to Signatory
29-1-21-7. Execution of Electronic Will
29-1-21-8. Revocation of Electronic Will
29-1-21-9. Use of Converted Copy; Affidavit
29-1-21-10. Maintenance, Receipt, and Transfer of Electronic Will
29-1-21-11. Delivery of Electronic Will; Recipients; Methods of Delivery
29-1-21-12. "Destroy"; Destruction of Electronic Will
29-1-21-13. Affidavit of Regularity
29-1-21-14. Prima Facie Evidence of Validity
29-1-21-15. "Electronic Will Copy"; Deposit of Electronic Will
29-1-21-16. "Filing of an Electronic Will"
29-1-21-18. "Digital Asset"; "Electronic Communication"; "Custodian"; "Users"; "Transaction"