2021 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 21. Electronic Wills
29-1-21-13. Affidavit of Regularity
Sec. 13. A custodian or other person required or permitted to create an affidavit of regularity under this chapter may use a form that substantially complies with the following format:
"Affidavit of Regularity for Electronic Will
(1) Beginning on (insert date of first possession of the electronic will by the signatory of this affidavit) and continuing to the date and time of this affidavit, the undersigned person has had possession of (circle all that apply):
(A) the electronic record for the electronic will;
(B) a complete converted copy of the electronic will;
of (insert name of testator), which was electronically executed on (insert date of electronic signing and attestation or insert reference to time and date stamp).
(2) (Insert client number, customer number, document number, or other unique identifier if any) is the unique identifier that the undersigned person assigned to this electronic will in the undersigned person's records.
(3) The undersigned person believes that the testator (circle one (1) of the following):
(A) Is currently alive.
(B) Died on or about (insert date of testator's death).
(4) The undersigned person is (circle all of the following that apply):
(A) Transferring custody of the electronic record for the electronic will to the living testator of the electronic will.
(B) Transferring custody of the electronic record for the electronic will to (insert name and address of successor custodian).
(C) Transferring a complete converted copy of the electronic will to (insert the name and address of the authorized recipient).
(D) Submitting the electronic record for the electronic will to the (insert the name of the court) for probate.
(E) Submitting a complete converted copy for the electronic will to the (insert the name of the court) for probate.
(5) If the undersigned person is transferring or submitting the electronic record for the electronic will, it is in the following format (insert description of the format).
(6) If the undersigned person is transferring or submitting the electronic record for the electronic will, the undersigned person affirms, under penalty of perjury, that the electronic record has been in the undersigned person's possession or control for the period of time stated in paragraph (1) and that during the specified period of time the electronic record showed no indication of unauthorized alteration or tampering.
(7) The undersigned person affirms, under penalty of perjury, that (circle one (1) of the following):
(A) The undersigned has no knowledge of the testator's later execution of a will or codicil that amends, revokes, or supersedes the electronic will described in paragraph (1).
(B) The undersigned believes that the testator purportedly revoked or amended the electronic will described in paragraph (1) on (insert date, if known, or approximate time frame if date is not known), by (insert known details about the amendment or revocation).
(8) The undersigned person is (circle one (1) if applicable):
(A) The living testator who executed the electronic will.
(B) An attorney admitted to practice law in the state of Indiana.
(C) An attorney in fact or other person acting on the written authority of the testator.
(D) A personal representative nominated in the electronic will.
(E) An interested person (as defined in IC 29-1-1-3) with respect to the estate of the testator.
(F) A custodian currently in compliance with all applicable requirements under IC 29-1-21-10.
(insert date and time of custodian's or other person's signature)
(insert name and signature of custodian or other person signing)
(insert job title or position of signatory if signatory is not an individual).".
As added by P.L.40-2018, SEC.2.