"Digital asset"; "electronic communication"; "custodian"; "users"; "transaction"

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.C. 2510(12) or IC 32-39-1-12;

(3) the digital or electronic transfer or transmission of the electronic record for an electronic will between any two (2) persons other than the testator and the testator's attorney is an electronic communication as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(4) a custodian (as defined in section 3(3) of this chapter) of an electronic will is a "custodian" as defined in IC 32-39-1-8; and

(5) the following individuals are "users" for purposes of IC 32-39 if the testator, attorney, or other authorized person contracts with another person to store the electronic record for the electronic will:

(A) The testator of an electronic will.

(B) The attorney representing the testator.

(C) Any other person with authorized possession of or authorized access to the electronic record for the electronic will.

(b) The execution or revocation of an electronic will is not a contract or a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-SIGN Act, 15 U.S.C. 7001.

(c) The execution or revocation of an electronic will is not a contract or "transaction" for purposes of IC 26-2-8 and the exclusion stated in IC 26-2-8-103(b)(1) continues in effect with respect to electronic wills and codicils.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.13.