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Indiana Code Title 29. Probate § 29-1-5-3.3

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

Sec. 3.3. (a) This section applies to a will that is 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-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.

(b) Notwithstanding any other law or provision, a will described in subsection (a) that was signed and witnessed in compliance with:

(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123;  or

(2) the procedures and requirements set forth in section 3.1 of this chapter or IC 29-1-21-4;

is not required to be reexecuted or reratified by the testator or the witnesses in compliance with the witnessing procedures specified under section 3 or 3.1 of this chapter as those chapters existed on June 30, 2020.

(c) A proponent who offers a will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4.  A person contesting the validity of a will described in subsection (a) has the burden of proving noncompliance with subsection (b).

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Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-1-5-3.3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-5-3-3/

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