Indiana Code 29-1-5-3.3. Certain wills executed in reliance on supreme court order
(1) on or after March 31, 2020;
Terms Used In Indiana Code 29-1-5-3.3
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(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).
As added by P.L.185-2021, SEC.5.