Sec. 8. (a) After a settlor's death becomes known to a custodian or other person in possession or control of the electronic record associated with the settlor's electronic trust instrument, or a complete converted copy of the settlor's electronic trust instrument, the custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter shall deliver the item to one (1) of the following persons in decreasing order of priority:
(1) A person already serving as trustee of the trust.
(2) A person nominated in the electronic trust instrument as a successor trustee and who has priority under the terms of the trust to accept appointment and to serve as trustee.
(3) The surviving spouse of the settlor.
(4) A living adult child of the settlor.
(5) A living parent of the settlor.
(6) A living adult sibling of the settlor.
(7) A beneficiary named or defined in the electronic trust instrument and entitled to a share of the trust's principal assets or income.
(8) The clerk of the probate court that would have subject matter jurisdiction of the settlor's estate based on the custodian's or other person's knowledge of the settlor's domicile or the location of the property of the settlor at the time of the settlor's death.
A custodian or other person in possession of an item described in section 7(a)(1) or 7(a)(2) of this chapter may use any commercially reasonable method of delivery to accomplish the requirements of this section.
(b) If a custodian or other person has possession of both the electronic record for a deceased settlor's electronic trust instrument and a complete converted copy of the same electronic trust instrument, the custodian or other person shall deliver both to an authorized person who:
(1) is described in subsection (a); or
(2) is specified in written instructions left by the settlor.
If the custodian or other person delivers the electronic trust instrument to the clerk of the probate court under subsection (a)(8), the custodian or other person shall deliver only a complete converted copy of the electronic trust instrument to the clerk, unless the court rules or other applicable laws explicitly require otherwise.
As added by P.L.40-2018, SEC.3. Amended by P.L.10-2019, SEC.119.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 1.5. Electronic Trust Instruments
30-4-1.5-1. Purpose of Chapter; Presumptions
30-4-1.5-2. Exclusive Authority; Application of Other Statutes
30-4-1.5-7. Maintenance, Receipt, and Transfer of Electronic Trust Instrument
30-4-1.5-8. Delivery of Electronic Trust Following Death of Settlor
30-4-1.5-9. "Destroy"; Destruction of Electronic Trust Instrument
30-4-1.5-10. Affidavit of Regularity
30-4-1.5-11. Prima Facie Evidence of Validity
30-4-1.5-12. Filing of Electronic Trust Instrument
30-4-1.5-13. "Digital Asset"; "Electronic Communication"; "Custodian"; "User"; "Transaction"