2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 22. Electronic Estate Planning Documents Registry
29-1-22-2. Establishment and administration of registry
Sec. 2. (a) The Indiana supreme court and the office of judicial administration are authorized to establish and administer a statewide electronic estate planning documents registry under rules adopted by the Indiana supreme court.
(b) If permitted under the rules adopted for the registry, the following individuals may deposit one (1) or more of the items described in subsection (c) with the registry:
(1) A testator.
(2) A settlor.
(3) A principal.
(4) An attorney for any person described in subdivisions (1) through (3).
(5) A custodian of an electronic estate planning document.
(c) The following items may be deposited in the registry:
(1) Information concerning:
(A) individual testators, settlors, or principals;
(B) electronic estate planning documents; or
(C) the execution of an electronic estate planning document deposited into the registry.
(2) The electronic record for an electronic estate planning document.
(3) Any document integrity evidence associated with an electronic estate planning document.
(4) A digital and readable copy of a complete converted copy of an electronic estate planning document.
An item described in this subsection may be submitted to or deposited with the registry through digital or online means if permitted by the rules adopted for the registry.
(d) The administrator of the registry may collect a one (1) time fee for deposit of an item described in subsection (c). The amount charged under this subsection must:
(1) be set by the office of judicial administration; and
(2) be charged at the time of the deposit.
(e) The registry administrator shall create an index consisting of each item submitted to or deposited with the registry. The index shall be organized according to the following characteristics:
(1) The name of the testator, settlor, or principal.
(2) The county of residence for the testator, settlor, or principal.
(3) The date of execution of an electronic estate planning document.
(4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document submitted to or deposited with the registry.
(5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document.
The registry administrator shall assign a unique document number or identifier to each electronic estate planning document submitted to or deposited with the registry.
(f) The registry administrator shall make the index:
(1) available to the public; and
(2) searchable by digital or online means.
The registry administrator may not charge a fee for access to or use of the index.
(g) The registry administrator shall ensure that any information:
(1) contained in an electronic estate planning document submitted to or deposited with the registry; and
(2) not described in subsection (e);
is not accessible to or searchable by the public.
(h) The registry administrator, upon receipt of a digital, online, or written request by an interested person, shall issue a certified report specifying whether or not the registry possesses any items described in subsection (c) for the specific testator, settlor, or principal who is the subject of the request. If the registry possesses any items described in subsection (c) for a specific testator, settlor, or principal, any certified report issued under this subsection must contain the information described in subsection (e) for the applicable testator, settlor, or principal. The registry administrator may charge and collect a fee for each report issued under this subsection. A fee charged under this subsection must be:
(1) set by the office of judicial administration; and
(2) charged at the time the report described in this subsection is issued.
(i) The registry administrator, upon receipt of a digital, online, or written request from:
(1) a living testator, settlor, or principal;
(2) an attorney for a person described in subdivision (1);
(3) a person possessing written authorization from a living testator;
(4) a person nominated as the personal representative, trustee, or attorney in fact in an electronic estate planning document; or
(5) any interested person with respect to the testator's estate following the testator's death;
shall prepare and issue a certified transcript of the electronic estate planning document and all associated items in a form that may be digitally saved and printed.
(j) A certified transcript issued under subsection (i) must consist of:
(1) the electronic estate planning document or a complete converted copy of the electronic estate planning document, as applicable, if the complete document was submitted to or deposited with the registry;
(2) any document integrity evidence associated with the electronic estate planning document, as applicable;
(3) the date and time the electronic estate planning document was submitted to or deposited with the registry; and
(4) the unique document number or identifier that was assigned to the electronic estate planning document under subsection (e).
The registry administrator may charge a fee for each transcript issued under subsection (i). The amount charged for the issuance of a transcript must be set by the office of judicial administration and charged at the time the transcript is issued.
(k) A certified report issued under subsection (h) or a certified transcript issued under subsection (i) constitutes prima facie evidence of their respective contents and may be filed with a court without further authentication in any proceeding described under IC 29-1-7.
(l) Nothing in this chapter shall be construed to prohibit the Indiana supreme court and the office of judicial administration from expanding the scope of the registry to permit:
(1) traditional paper estate planning documents; or
(2) information concerning the execution of traditional paper estate planning documents;
from being submitted to or deposited with the registry. Documents described in subdivisions (1) and (2) must be subject to the same or substantially the same indexing, search procedures, transcript procedures, and fee rates as electronic estate planning documents.
As added by P.L.231-2019, SEC.20.
IC 29-2 ARTICLE 2. MISCELLANEOUS PROVISIONS Ch. 1.Jurisdiction in Probate Matters and Probate of Foreign Wills Ch. 2.Probate Commissioners Ch. 3.Repealed Ch. 4.Duties of Probate Commissioner in Counties With Populations from 30,000 to 150,000 Ch. 5.Administration of Estate of Intestate Absentee Ch. 6.Administration of Absentee's Estate Where There Is a Will or Trust Ch. 7.Repealed Ch. 8.Conservatorship of Estate of Missing Serviceman or Seaman Ch. 9.Repealed Ch. 10.Repealed Ch. 11.Waiver by Judge of Period Costs in Certain Cases Ch. 12.Apportionment of Federal Estate Taxes Ch. 13.Repealed Ch. 14.Uniform Simultaneous Death Act Ch. 15.Repealed Ch. 16.Repealed Ch. 16.1.Revised Uniform Anatomical Gift Act Ch. 17.Repealed Ch. 18.Platting of Certain Property Ch. 19.Funeral Planning Declaration
