Sec. 4.1. (a) This section applies to a will or codicil that is electronically signed and witnessed:
(1) on or after March 31, 2020;
(2) before January 1, 2021; and
(3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.
(b) Notwithstanding any other law or provision, a will or codicil described in subsection (a) that was electronically signed and witnessed in compliance with:
(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237 and as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or
(2) the procedures and requirements set forth in section 4 of this chapter;
does not need to be reexecuted or reratified in compliance with the witnessing procedures specified under section 4 of this chapter or IC 29-1-5-3 as they existed on June 30, 2020.
(c) A proponent who offers an electronic will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of an electronic will described in subsection (b) has the burden of proving noncompliance with subsection (b).
As added by P.L.185-2021, SEC.8.
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"