Ind. Code § 29-1-5-3.3

Current through P.L. 178-2022, P.L.2-2022SP1
Section 29-1-5-3.3 - Certain wills executed in reliance on supreme court order
(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).

IC 29-1-5-3.3

Added by P.L. 185-2021,SEC. 5, eff. 4/29/2021.