2021 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 21. Electronic Wills
Sec. 3. The following terms are defined for this chapter:
(1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 13 of this chapter with respect to the electronic record for an electronic will or a complete converted copy of an electronic will.
(2) "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
(i) the text of the electronic will;
(ii) the electronic signatures of the testator and the witnesses;
(iii) a readable copy of any associated document integrity evidence that may be a part of or attached to the electronic will; and
(iv) a self-proving clause concerning the electronic will, if the electronic will is self-proved.
(3) "Custodian" means a person, other than:
(A) the testator who executed the electronic will;
(B) an attorney;
(C) a person who is named in the electronic will as a personal representative of the testator's estate; or
(D) a person who is named or defined as a distributee in the electronic will;
who has authorized possession or control of the electronic will. The term may include an attorney in fact serving under a living testator's durable power of attorney who possesses general authority over records, reports, statements, electronic records, or estate planning transactions.
(4) "Custody" means the authorized possession and control of at least one (1) of the following:
(A) A complete copy of the electronic record for the electronic will, including a self-proving clause if a self-proving clause is executed.
(B) A complete converted copy of the electronic will, if the complete electronic record has been lost or destroyed or the electronic will has been revoked.
(5) "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct.
(6) "Document integrity evidence" means the part of the electronic record for the electronic will that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic will has not been altered after its initial execution and witnessing;
(C) is logically associated with the electronic will in a tamper evident manner so that any change made to the text of the electronic will after its execution is visibly perceptible when the electronic record is displayed or printed;
(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 will after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at which, the electronic will was executed by the testator and the attesting witnesses.
(ii) The text of the self-proving clause, if the electronic will is electronically self-proved through use of a self-proving clause executed under section 4(f) of this chapter.
(iii) The name of the testator and attesting witnesses.
(iv) The name and address of the person responsible for marking the testator's signature on the electronic will at the testator's direction and in the presence of the testator and attesting witnesses.
(v) Copies of or links to the electronic signatures of the testator and the attesting witnesses on the electronic will.
(vi) A general description of the type of identity verification evidence used to verify the testator's identity.
(vii) The text of the advisory instruction, if any, that is provided to the testator under section 6 of this chapter at the time of the execution of the electronic will.
(viii) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic will tamper evident if a public key infrastructure or similar secure technology was used to sign or authenticate the electronic will and if the vendor or the software for the technology makes inclusion feasible.
Document integrity evidence may, but is not required to, contain other information about the electronic will such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic will or a link to a secure Internet web site where a complete copy of the electronic will is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial.
(7) "Electronic" has the meaning set forth in IC 26-2-8-102.
(8) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following:
(A) The document integrity evidence associated with the electronic will.
(B) The identity verification evidence of the testator who executed the electronic will.
(9) "Electronic signature" has the meaning set forth in IC 26-2-8-102.
(10) "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:
(i) the testator; and
(ii) the attesting witnesses; and
(C) contains the date and times of the electronic signatures described by clause (B)(i) and (B)(ii).
The term may include a codicil that amends an electronic will or a traditional paper will if the codicil is executed in accordance with the requirements of this chapter.
(11) "Executed" means the signing of an electronic will. The term includes the use of an electronic signature.
(12) "Identity verification evidence" means either:
(A) a copy of the testator's government issued photo identification card; or
(B) any other information that verifies the identity of the testator 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.
(v) Biometric identification.
(vi) Any other commercially reasonable method for verifying the testator's identity using current or future technology.
(13) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner.
(14) "Observe" means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. The term includes perceptions involving the use of technology or learned skills to:
(A) assist the person's capabilities of eyesight or hearing, or both; or
(B) compensate for an impairment of the person's capabilities of eyesight or hearing, or both.
(15) "Observing" has the meaning set forth in subdivision (14).
(16) "In the presence of" has the meaning set forth in subdivision (17).
(17) "Presence" means a process of signing and witnessing a will in which:
(A) the testator and the witnesses:
(i) are directly present with each other in the same physical space; or
(ii) are able to interact with each other in real time through the use of audiovisual technology now known or later developed;
(B) the testator and witnesses are able to positively identify each other; and
(C) each witness is able to interact with the testator and with each other by observing:
(i) the testator's expression of intent to execute the electronic will;
(ii) the testator's actions in executing or directing the execution of the testator's electronic will; and
(iii) the actions of every other witness in signing the will.
The term includes the use of technology or learned skills for the purpose of assisting with hearing, eyesight, and speech, or for the purpose of compensating for a hearing, eyesight, or speech impairment.
(18) "Sign" means valid use of a properly executed electronic signature.
(19) "Signature" means the authorized use of the testator's name to authenticate an electronic will. The term includes an electronic signature.
(20) "Tamper evident" means the feature of an electronic record, such as an electronic will or document integrity evidence for an electronic will, 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.
(21) "Traditional paper will" means a will or codicil that is signed by the testator and the attesting witnesses:
(A) on paper; and
(B) in the manner specified in IC 29-1-5-3 or IC 29-1-5-3.1.
(22) "Will" includes all wills, testaments, and codicils. The term includes:
(A) an electronic will; and
(B) any testamentary instrument that:
(i) appoints an executor; or
(ii) revives or revokes another will.
As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.116; P.L.231-2019, SEC.18; P.L.185-2021, SEC.6.