Title 29, PROBATE

Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator's duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination i…

Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail. Formerly: Acts 1953, c.112, s.2008. As a…

Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be cond…

Sec. 1. As used in this chapter, "declarant" means an individual who signs a funeral planning declaration executed under this chapter. As added by P.L.143-2009, SEC.14.

Sec. 10. The provisions of a declarant's most recent declaration prevail over any other document executed by the declarant concerning any preferences described in section 9 of this chapter. However, this section may not be construed to invalidate a power of attorney executed unde…

Sec. 11. (a) A person who acts in good faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person. (b) A person who deals with a declaration may presum…

Sec. 12. A declaration must be substantially in the form set forth in section 13 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific direction does not affect the validity of the declaration. As added by P.L…

Sec. 13. The following is the funeral planning declaration form: FUNERAL PLANNING DECLARATION Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my instructions …

Sec. 14. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration with the intent to revoke the declaration. As added by P.L.143-2009, SEC.14.

Sec. 15. Except as otherwise expressly provided in a declaration, a subsequent: (1) dissolution of marriage; (2) annulment of marriage; (3) legal separation of the declarant and the declarant's spouse; or (4) court determination that the declarant and spouse were physically and e…

Sec. 16. Except as otherwise provided in a declaration, section 17 of this chapter controls if a person to whom a declaration delegates the authority to make arrangements after a declarant's death is unable or unwilling to serve. As added by P.L.143-2009, SEC.14.

Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed: (1) A person: (A) granted the authority to serve…

Sec. 18. A person in Indiana may rely on a declaration or similar instrument that was executed in another state and that complies with the requirements of this chapter to the extent that an action requested by the declarant in the declaration or similar instrument does not violat…

Sec. 19. An action to contest the validity of any declaration made under this chapter must be: (1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7; (2) filed in the circuit court, superior court, or probate court of the county in which th…

Sec. 2. As used in this chapter, "declaration" means a funeral planning declaration executed under this chapter. As added by P.L.143-2009, SEC.14.

Sec. 3. As used in this chapter, "designee" means an individual directed by the terms of a declaration to: (1) carry out the funeral plan of the declarant as set forth in the declaration; or (2) make any arrangements concerning the disposition of the declarant's remains, funeral …

Sec. 4. As used in this chapter, "disposition" has the meaning set forth in IC 25-15-2-7. As added by P.L.143-2009, SEC.14.

Sec. 5. As used in this chapter, "funeral services" has the meaning set forth in IC 25-15-2-17. As added by P.L.143-2009, SEC.14.

Sec. 6. As used in this chapter, "grave memorial" has the meaning set forth in IC 14-21-2-2. As added by P.L.143-2009, SEC.14.

Sec. 7. As used in this chapter, "merchandise" refers to personal property described in IC 30-2-13-8. As added by P.L.143-2009, SEC.14.

Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a funeral planning declaration substantially in the form set forth in section 13 of this chapter. A declaration may not be included in a will, a power of attorney, or a similar docume…

Sec. 9. A declaration may specify the declarant's preferences concerning any of the following: (1) The disposition of the declarant's remains after the declarant's death. (2) Who may direct the disposition of the declarant's remains. (3) Who may provide funeral services after the…

Sec. 1. (a) Wherever in this article it is provided that any pleading, petition, report, or other document of any kind be verified, or that an oath be taken, it shall be sufficient if the subscriber simply affirms the truth of the matter to be verified by an affirmation or repres…

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, attestation, self-proving, and probate of wills that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a testator whose identity can be verified, who h…

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) …

Sec. 11. (a) After a testator's death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator's will or a complete converted copy of the testator's electronic will shall be delivered t…

Sec. 12. (a) As used in this section, "destroy" means any act that: (1) permanently deletes the electronic record associated with an electronic will; or (2) renders the electronic record associated with an electronic will unreadable and nonretrievable. (b) Any custodian or attorn…

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 …

Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator: (1) the electronic record, including any accompanying document…

Sec. 15. (a) As used in this section, "electronic will copy" means a complete converted copy of an electronic will that is deposited with a circuit court clerk under IC 29-1-7-3.1. (b) The following shall apply to the deposit of an electronic will copy with circuit court clerks: …

Sec. 16. (a) As used in this section and for the purpose of offering or submitting an electronic will in probate under IC 29-1-7, the "filing of an electronic will" means the electronic filing of a complete converted copy of the associated electronic will. (b) When filing an elec…

Sec. 17. (a) This section shall apply to the situation created by: (1) the rejection of a petition to probate a deceased testator's electronic or traditional paper will; or (2) the revocation of a deceased testator's electronic will due to the timely filing of a will contest as d…

Sec. 18. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39: (1) the electronic record for an electronic will is a "digital asset" as that term is defined in IC 32-39-1-10; (2) the electronic record for an electronic will is not an "electronic communication" as defined in 18 U.S.…

Sec. 2. (a) Except as provided in subsection (b), electronic wills are exclusively governed by this chapter. (b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, probate, interpretation, storage, or use of an elec…

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 elec…

Sec. 4. (a) To be valid as a will under this article, an electronic will must be executed by the electronic signature of the testator and attested to by the electronic signatures of at least two (2) witnesses in the following manner: (1) The testator, the attesting witnesses, and…

Sec. 4.1. (a) This section applies to a will or codicil that is electronically signed and witnessed: (1) on or after March 31, 2020; (2) before January 1, 2021; and (3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-2…

Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will's execution or a video recording of a testator either before or after t…

Sec. 6. (a) As used in this section, "form vendor" means any person who provides a testator with an electronic will form or a user interface for creating, completing, or executing an electronic will. The term includes: (1) an attorney who prepares an electronic will for a testato…

Sec. 7. An electronic will is legally executed if the manner of its execution complies with the law of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time of execution; or (3) the domicile of the testator at the time of execution or at the t…

Sec. 8. (a) This section describes the exclusive methods for revoking an electronic will. Before a testator completes or directs the revocation of an electronic will, the testator shall: (1) comply with; or (2) direct a third party custodian to comply, as applicable, with; subsec…

Sec. 9. (a) If: (1) a person discovers an accurate and substantially complete copy of an electronic will that: (A) bears the signatures of the testator and attesting witnesses; and (B) lacks some other portion of the electronic will; or (2) the electronic record for an electronic…

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 …

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 …

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 3.8 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. (2) The amendments made to section 4 of this chapter by P.L.252-2001 a…

Sec. 1. (a) Upon the filing of a petition under IC 29-1-7-5, the following persons may at any time petition the court for authority to have a decedent's estate administered without court supervision: (1) The decedent's heirs at law if the decedent dies intestate. (2) The legatees…