2018 Indiana Code
TITLE 29. Probate
ARTICLE 1. PROBATE CODE
CHAPTER 21. Electronic Wills
29-1-21-9. Use of converted copy; affidavit

Universal Citation: IN Code § 29-1-21-9 (2018)
IC 29-1-21-9 Use of converted copy; affidavit

     Sec. 9. (a) If:

(1) a person discovers an accurate and substantially complete copy of an electronic will that:

(A) bears the signatures of the testator and attesting witnesses; and

(B) lacks some other portion of the electronic will; or

(2) the electronic record for an electronic will becomes lost or corrupted so that the absence of unauthorized alteration or tampering cannot be assured by viewing the electronic record;

the attorney, custodian, or living testator with access to a complete nonelectronic copy of the electronic will or the person described in subdivision (1) may prepare a complete converted copy of the electronic will using all available information.

     (b) A person who creates a complete converted copy of an electronic will under subsection (a) shall sign an affidavit that specifies the following:

(1) When the electronic will was created if not specified in the body of the electronic will.

(2) When the electronic will was discovered.

(3) How the electronic will was discovered.

(4) The method and format that the electronic will was stored under (if known).

(5) The methods (if any) used to:

(A) prevent alterations to the electronic record; or

(B) ensure the accuracy and authenticity of the electronic record.

(6) Whether the electronic will has been altered since its creation.

(7) Confirmation that an electronic record, including any associated document integrity evidence for the electronic will, was created at the time the testator made the electronic will.

(8) Confirmation by the person responsible for:

(A) creating the complete converted copy; and

(B) signing the affidavit;

that, to the best of the person's knowledge, the electronic record has not been altered while in the custody of the current custodian or any prior custodian.

(9) Confirmation that the complete converted copy is a complete and correct duplication of:

(A) the electronic will; and

(B) the date, place, and time of the electronic will's execution by the testator and the attesting witnesses.

     (c) A complete converted copy derived from a complete and correct electronic will may be offered for and admitted to probate in the same manner as a traditional paper will.

     (d) A complete converted copy derived from a complete and correct self-proved electronic will shall be presumed to be valid and, absent any objection, admitted to probate without the need for additional proof.

     (e) If a complete converted copy is generated from a complete and intact electronic record associated with an electronic will at or after the time of its execution, the person who generates the complete converted copy is not required to sign the affidavit described in subsection (b).

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

 

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