2021 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 21. Electronic Wills
29-1-21-10. Maintenance, Receipt, and Transfer of Electronic Will
Sec. 10. (a) Any person with the written authorization of the testator may maintain, receive, or transfer custody of:
(1) the electronic record associated with an electronic will;
(2) any document integrity evidence associated with an electronic record or electronic will; or
(3) a complete converted copy of the electronic will.
A testator may identify and designate an adult individual as the custodian of the testator's electronic will within the electronic record of an electronic will.
(b) A custodian of an electronic will, any accompanying self-proving clause, or any document integrity evidence logically associated with the electronic will, has the following responsibilities:
(1) To use best practices to maintain custody of the electronic record for the electronic will and any accompanying document integrity evidence.
(2) To use best practices and commercially reasonable means to:
(A) maintain the privacy and security of the electronic record associated with an electronic will; and
(B) exercise reasonable care to guard against unauthorized:
(i) disclosure of; and
(ii) alteration of or tampering with;
the electronic record.
(3) To maintain electronic and conceptual separation between different testators and their respective electronic records and electronic wills if the custodian maintains custody of two (2) or more electronic records or electronic wills.
(4) To promptly generate a complete converted copy of each electronic will and all accompanying document integrity evidence after receiving a written request to do so from a living testator, the court, or another authorized person.
(5) To promptly respond to a written instruction from the living testator or another person with written authorization originating from the living testator to transfer custody of the electronic will to a successor custodian.
(6) To transfer the entire electronic record of the electronic will to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic will to a successor custodian.
(7) To provide an executed delivery receipt to the outgoing custodian who transfers:
(A) the electronic record;
(B) the electronic will;
(C) any accompanying document integrity evidence; or
(D) information pertaining to the format in which the electronic record or electronic will is received;
if the receiving custodian agrees to assume responsibility for an electronic record or an electronic will and all associated documents from an outgoing custodian.
(8) To perform the following upon the death of the testator:
(A) To relinquish possession and control of the:
(i) electronic record associated with the testator's electronic will; or
(ii) complete converted copy of the testator's electronic will (if applicable);
to a person authorized to receive these items under section 11 of this chapter.
(B) To comply with the court order requiring the electronic filing or delivery of the electronic will and any accompanying document integrity evidence or a complete converted copy of the electronic will, as applicable, with the court.
(C) To provide an accurate copy of:
(i) an electronic record; or
(ii) a complete converted copy of the testator's electronic will;
to any interested person who requests a copy for the purpose of submitting the electronic will for probate.
(D) To furnish, for any court hearing or matter involving an electronic will currently or previously stored by the custodian, any information requested by the court pertaining to the custodian's policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic wills.
(c) A proposed successor custodian has no obligation to accept delivery of an electronic will from an outgoing custodian or to accept the responsibility of maintaining custody of an electronic record associated with an electronic will. A successor custodian's execution of a delivery receipt under subsection (b)(7) constitutes acceptance of the appointment as successor custodian.
(d) If a custodian wishes to discontinue custody of an electronic will, the custodian must send written notice to the testator or, if the testator's whereabouts are unknown, to any other person:
(1) holding written authority from the testator; or
(2) identifiable from the custodian's records.
(e) A written notice described in subsection (d) must inform the testator or other person authorized to act on the testator's behalf that the custodian will transfer custody of the electronic record associated with the electronic will to a successor custodian chosen by the current custodian unless the testator or person authorized to act on behalf of the testator provides the custodian with written direction not later than thirty (30) days after the written notice described in subsection (d) was first issued.
(f) If the testator or person authorized to act on the testator's behalf does not respond to the current custodian with a contrary written instruction before the end of the thirty (30) day period described in subsection (e), the custodian may, in order of decreasing priority, dispose of the electronic record associated with the electronic will in one (1) of the following ways:
(1) The current custodian may transfer custody of the electronic record for the electronic will to a successor custodian previously designated by the testator.
(2) The current custodian may transfer custody of the electronic will to a successor custodian selected by the current custodian.
(3) The current custodian may transmit a complete converted copy of the electronic will and accompanying affidavit of regularity under section 13 of this chapter to the testator or other person authorized to act on behalf of the testator.
As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.117.