2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 22. Electronic Estate Planning Documents Registry
29-1-22-1. Definitions
Sec. 1. The following terms are defined for this chapter:
(1) "Complete converted copy" means a document in any format that:
(A) can be visually perceived in its entirety on a monitor or other display device;
(B) can be printed; and
(C) contains the following:
(i) The text of an electronic will.
(ii) The respective electronic signatures of the testator and attesting witnesses.
(iii) A readable copy of all document integrity evidence, if applicable.
(iv) A self-proving affidavit if the electronic will is self-proved.
(2) "Document integrity evidence" means the part of the electronic will, electronic trust instrument, or electronic power of attorney that:
(A) is created and maintained electronically;
(B) includes digital markers to demonstrate that the electronic will, electronic trust instrument, or electronic power of attorney has not been altered or tampered with after its execution;
(C) is logically associated with the electronic will, electronic trust instrument, or electronic power of attorney;
(D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic record after its execution; and
(E) includes the following information:
(i) The city, state, date, and time of the execution of the electronic will, electronic trust instrument, or electronic power of attorney by the testator, settlor, or principal and any attesting witnesses as applicable.
(ii) The text of the self-proving affidavit if the document is an electronic will and is self-proved.
(iii) The name of the testator, settlor, or principal and the names of all attesting witnesses, if applicable.
(iv) The name and address of any person responsible for signing the signature of the testator, settlor, or principal on the electronic document at the direction and in the presence of the testator, settlor, or principal.
(v) Copies of or links to the electronic signatures of the testator, settlor, or principal and any attesting witnesses, if applicable.
(vi) A general description of the type of identity verification evidence used to verify the identity of the testator, settlor, or principal.
(vii) The content of the cryptographic hash or unique code used to complete the electronic will, electronic trust instrument, or electronic power of attorney and make the electronic will, electronic trust instrument, or electronic power of attorney tamper evident if a public key infrastructure or similar secure technology was used to sign or authenticate the electronic will, electronic trust instrument, or electronic power of attorney and if the vendor or the software for the technology makes inclusion feasible.
(3) "Electronic estate planning document" means:
(A) an electronic will;
(B) an electronic trust instrument;
(C) an electronic power of attorney; or
(D) any electronic document that:
(i) revokes; or
(ii) amends;
any document described in clauses (A) through (C).
(4) "Electronic power of attorney" means a power of attorney created by a principal that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the principal creating the power of attorney;
(C) contains the date and time of the electronic signature of the principal creating the power of attorney; and
(D) is notarized.
The term includes an amendment to or a restatement of the power of attorney if the amendment or restatement complies with the requirements described in IC 30-5-11-5.
(5) "Electronic record" has the meaning set forth in IC 26-2-8-102(9). The term may include one (1) or more of the following:
(A) The document integrity evidence associated with an electronic will, electronic trust instrument, or electronic power of attorney.
(B) The identity verification evidence of the testator, settlor, or principal who executed the electronic will, electronic trust instrument, or electronic power of attorney.
(6) "Electronic signature" has the meaning set forth in IC 26-2-8-102(10).
(7) "Electronic trust instrument" means a trust instrument for an inter vivos trust created by a settlor or other person that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the settlor or other person creating the trust; and
(C) contains the date and time of the electronic signature of the settlor or other person creating the trust.
The term includes an amendment to or a restatement of a revocable trust instrument when the amendment or restatement is executed in accordance with the requirements of IC 30-4-1.5-6.
(8) "Electronic will" means the will of a testator that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signatures of the testator and attesting witnesses; and
(C) contains the date and time of the electronic signatures.
(9) "Executed" means the signing of an electronic estate planning document. The term includes the use of an electronic signature.
(10) "Identity verification evidence" means:
(A) a copy of the government issued photo identification card of the testator, settlor, or principal; or
(B) any other information that verifies the identity of the testator, settlor, or principal if derived from one (1) or more of the following sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by the testator, settlor, or principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying the identity of the testator, settlor, or principal using current or future technology.
(11) "Index" means the electronic estate planning documents index created under section 2(e) of this chapter.
(12) "Logically associated" means electronically connected, cross-referenced, or linked in a reliable manner.
(13) "Registry" means the statewide electronic estate planning documents registry described in section 2(a) of this chapter.
(14) "Sign" means valid use of a properly executed electronic signature.
(15) "Signature" means the authorized use of the name of the testator, settlor, or principal to authenticate an electronic will, electronic trust instrument, or electronic power of attorney. The term includes an electronic signature.
(16) "Tamper evident" means the feature of an electronic record, such as an electronic estate planning document or document integrity evidence for an electronic estate planning document, that will cause any alteration of or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or specific content of the alteration is not perceptible.
(17) "Traditional paper estate planning document" means a will, codicil, trust instrument, or power of attorney that is signed on paper by the testator, settlor, or principal and:
(A) the attesting witnesses, in the case of a will or codicil; or
(B) a notary public, in the case of a power of attorney.
As added by P.L.231-2019, SEC.20.
