§ 15-23-107. Privilege
[ Editor’s note: This section is effective January 1, 2023. ] Subject to applicable law other than this article 23, if an original estate planning document is privileged pursuant to section 13-90-107 (1)(b), the corresponding electronic estate planning document filed with the state court administrator as provided in this article 23 remains privileged. Source: L. […]
§ 15-23-108. Exculpation of Custodian
[ Editor’s note: This section is effective January 1, 2023. ] A custodian is not liable to a person for an action taken under this article 23 or for a failure to act as provided in this article 23 unless the action or failure to act is shown to have resulted from the custodian’s bad […]
§ 15-23-109. Electronic Conversion and Filing
[ Editor’s note: This section is effective January 1, 2023.] 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 […]
§ 15-23-110. Penalty of Perjury
[ Editor’s note: This section is effective January 1, 2023. ] The act of submitting a filing statement to the state court administrator pursuant to section 15-23-111 or submitting a request to the state court administrator pursuant to section 15-23-119, 15-23-120, or 15-23-122 constitutes the affirmation or acknowledgment of the submitter, under the penalty of […]
§ 15-23-111. Filing Statement
[ Editor’s note: This section is effective January 1, 2023.] A custodian shall submit a filing statement for each electronic estate planning document for each creator submitted to the state court administrator pursuant to this article 23. A custodian shall provide the following information and make the following declarations on a filing statement form furnished […]
§ 15-23-112. Reliance on Filing Statement
[ Editor’s note: This section is effective January 1, 2023. ] The state court administrator may rely on information provided and declarations made in a filing statement and has no duty to make further inquiry. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2440, § 1, effective January 1, 2023.
§ 15-23-113. Fees – Disposition – Appropriation – Cash Fund
[ Editor’s note: This section is effective January 1, 2023.] The state court administrator shall determine and collect fees to cover the associated costs for submitting the following: A filing statement, including the attached electronic estate planning document; A request for retrieval; and A request for deletion. The fees established pursuant to this section must […]
§ 15-23-114. Duties of the State Court Administrator
[ Editor’s note: This section is effective January 1, 2023.] The state court administrator shall provide the forms required to administer the provisions of this article 23. The state court administrator shall create an index of creator names that is a searchable database of all names, aliases, and last-known physical addresses of all creators for […]
§ 15-23-115. Destruction of Original Estate Planning Document
[ Editor’s note: This section is effective January 1, 2023. ] Subject to applicable law other than this article 23, the custodian shall destroy the original estate planning document after complying with the provisions of this article 23 and receiving the date-stamped copy of the filing statement from the state court administrator pursuant to section […]
§ 15-23-116. Authenticity of Electronic Estate Planning Document
[ Editor’s note: This section is effective January 1, 2023. ] An electronic estate planning document certified by the state court administrator that is made from an original estate planning document is deemed to be the original of the document for all purposes under Colorado law. Source: L. 2019: Entire article added, (HB 19-1229), ch. […]