Skip to main content
Find a Lawyer

Indiana Code Title 29. Probate § 29-1-21-17

Current as of January 02, 2024 | Updated by Findlaw Staff

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 described in IC 29-1-7-17.

(b) The following terms are defined for this section:

(1) “Other electronic will” means:

(A) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that preceded the date of execution seen in the rejected will;  or

(B) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that followed the date of execution seen on the rejected will;

where the petitioner or proponent for the electronic will is not aware of any other paper will or electronic will executed by the testator at a date later than the date of the testator's purposed execution of the other electronic will.

(2) “Rejected will” means a will that is rejected for a reason described in subsection (a).

(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may file a petition requesting probate of another electronic will associated with the testator.  A complete converted copy of the other electronic will and an affidavit of regularity must accompany any petition filed under this subsection.  The complete converted copy of another electronic will is prima facie evidence of:

(1) the substance of the other electronic will;  and

(2) the proper execution of the other electronic will.

(d) Section 16 of this chapter shall apply to any proceeding concerning the probate of another electronic will of a deceased testator.  In the absence of:

(1) clear and convincing evidence;  and

(2) written evidence;

of the testator's contrary intentions, the court shall presume that the deceased testator would have preferred the probate and enforcement of the testator's other electronic will to intestacy.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-1-21-17 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-21-17/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard