Ind. Code ch. 29-1-22

in effect

Ind. Code § 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" has the meaning set forth in IC 30-5-11-3(8). 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. Amended by P.L.162-2022, SEC.16.

Ind. Code § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/29Fetched: 10/17/2026