Indiana moves to recognize e-signatures on wills and trusts

Newswire: Jan. 30, 2018.

Dateline: Indianapolis.

Indiana’s state house of representatives has passed a bill authorizing electronic signatures as legally valid on probate documents. The measure now moves to the state’s senate.

House Bill 1303 authorizes e-signatures for documents such as wills, trusts, and powers of attorney. Under the proposed law, testators (those who sign the documents) are able to sign them electronically as long as there are two witnesses in the physical presence of the signer to witness the signature.

HB 1303 still requires the testator’s identity to be verified prior to the signature; the proposed law includes electronic authorization codes and biometric information among the acceptable means of verification.

HB 1303 was written by a collection of lawyers, judges and others with an interest in probate law in Indiana. It purposefully does not endorse a specific technology or method for electronic signatures, so that the law may adaptable to further developments in that technology sector.

HB 1303 passed Indiana’s state House unanimously.

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