2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 21. Electronic Wills
29-1-21-17. "Other electronic will"; "rejected will"; probate of other electronic will or rejected will
Sec. 17. (a) This section shall apply to the situation created by:
(1) the rejection of a petition to probate a deceased testator's electronic or traditional paper will; or
(2) the revocation of a deceased testator's electronic will due to the timely filing of a will contest as described in IC 29-1-7-17.
(b) The following terms are defined for this section:
(1) "Other electronic will" means:
(A) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that preceded the date of execution seen in the rejected will; or
(B) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that followed the date of execution seen on the rejected will;
where the petitioner or proponent for the electronic will is not aware of any other paper will or electronic will executed by the testator at a date later than the date of the testator's purposed execution of the other electronic will.
(2) "Rejected will" means a will that is rejected for a reason described in subsection (a).
(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may file a petition requesting probate of another electronic will associated with the testator. A complete converted copy of the other electronic will and an affidavit of regularity must accompany any petition filed under this subsection. The complete converted copy of another electronic will is prima facie evidence of:
(1) the substance of the other electronic will; and
(2) the proper execution of the other electronic will.
(d) Section 16 of this chapter shall apply to any proceeding concerning the probate of another electronic will of a deceased testator. In the absence of:
(1) clear and convincing evidence; and
(2) written evidence;
of the testator's contrary intentions, the court shall presume that the deceased testator would have preferred the probate and enforcement of the testator's other electronic will to intestacy.
As added by P.L.40-2018, SEC.2. Amended by P.L.231-2019, SEC.19.
