§ 15-23-109. Electronic Conversion and Filing

[ Editor’s note: This section is effective January 1, 2023.]

1. If the creator does not take possession of the original estate planning document within ninety days after the date of mailing the letter required in section 15-23-105 (2), the custodian may create an electronic estate planning document, which must be in color and in a format and using the technology prescribed by the state court administrator, and may file the electronic document with the state court administrator.
2. As to each electronic estate planning document being filed, the custodian, or, if the custodian is an entity, an officer of the custodian, shall:
   1. Examine the original estate planning document;
   2. Based upon that examination, be satisfied that the document is an original estate planning document of the creator, as those terms are defined in section 15-23-103;
   3. Compare the electronic estate planning document with the original estate planning document; and
   4. Be satisfied that the electronic estate planning document is a true and correct copy of the original estate planning document.
3. Notwithstanding any provision of this article 23 to the contrary, a custodian subject to the Colorado rules of professional conduct shall comply with the rules as they may relate to a filing pursuant to this article 23 prior to filing an electronic estate planning document with the state court administrator.

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2437, § 1, effective January 1, 2023.