Sec. 3.1. (a) This section applies whether it is:

(1) known; or

(2) unknown;

whether a testator is living.

(b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section.

(c) As used in this section, "will" refers to an original:

(1) will;

(2) codicil; or

(3) will and codicil.

(d) A person may deposit a will with the circuit court clerk of the county in which the testator resided when the testator executed the will. The circuit court clerk may assume, without inquiring into the facts, that the depositor's representation is accurate as to the county where the testator resided when the testator executed the will. Except as provided in subsection (e), the circuit court clerk shall collect a fee of twenty-five dollars ($25) for the deposit of the will. The circuit court clerk shall deposit the fee in the clerk's record perpetuation fund under IC 33-37-5-2.

(e) The circuit court:

(1) shall waive the fee under subsection (d) if:

(A) a court with probate jurisdiction of the county where the will is deposited certifies that the depositor deposits the will:

(i) as a participant; or

(ii) for a participant;

in a program of the supreme court, including the Judges and Lawyers Assistance Program established under Rule 31 of the supreme court Rules for Admission to the Bar and the Discipline of Attorneys; and

(B) the certification described in clause (A) accompanies the will when the will is deposited; and

(2) may waive the fee under subsection (d) if the depositor is no longer practicing law.

(f) Upon receipt of a will under this section, the circuit court clerk shall:

(1) provide the depositor with a receipt for the will;

(2) place the will in an envelope and seal the envelope securely in the presence of the depositor;

(3) designate on the envelope the:

(A) date of deposit;

(B) name of the testator; and

(C) name and address of the depositor; and

(4) index the will alphabetically by the name of the testator.

An envelope and will deposited under this section is not a public record under IC 5-14-3.

(g) During the testator's lifetime, the circuit court clerk shall:

(1) keep the envelope containing the will sealed; and

(2) deliver the envelope to:

(A) the testator; or

(B) a person authorized, in a writing signed by the testator, to receive the envelope.

(h) If the circuit court clerk has custody of the will after the death of the testator, the circuit court clerk may deliver the will to the court that has jurisdiction of the administration of the decedent's estate as set forth in section 3 of this chapter.

(i) A circuit court clerk may destroy a will deposited under this section if:

(1) the circuit court clerk has not received notice of the death of the testator; and

(2) at least one hundred (100) years have passed since the date the will was deposited.

(j) A depositor that complies with this section is immune from civil liability for depositing the will.

As added by P.L.238-2005, SEC.9.