House passes bill allowing for e-signing of probate documents

January 30, 2018 By Olivia Covington
The Indiana Lawyer

A bill that would allow testators to electronically sign their wills, trusts and powers of attorney documents has received approval from the Indiana House of Representatives.

The House on Monday unanimously passed House Bill 1303, which would authorize, but not require, e-signatures on probate documents. Testators would be able to sign those documents via computer technology if they are in the physical presence of least two witnesses who watch the execution.

HB 1303 was the result of a task force comprised of lawyers, judges and other legal stakeholders, Rep. Greg Steuerwald, R-Avon, told members of the House Judiciary Committee during a Jan. 22 hearing on the bill. Frost Brown Todd estate planning attorney Jeffrey Dible noted the bill does not stipulate what type of technology must be used to electronically execute a probate document to allow for further development of the relevant technology.

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