§ 15-23-105. Transfer of Possession to Creator
[ Editor’s note: This section is effective January 1, 2023.] Before filing an electronic estate planning document with the state court administrator as provided in this article 23, the custodian shall attempt to transfer possession of the original estate planning document to the creator after a diligent search. If the attempt to transfer the original […]
§ 15-23-121. Action to Establish a Claim
[ Editor’s note: This section is effective January 1, 2023. ] If an individual, entity, or government agency submits a request for retrieval of a copy of any or all of the contents of a computer folder as provided in this article 23 and the request is denied by the state court administrator or is […]
§ 15-23-106. Preservation of an Abandoned Original Estate Planning Document After Diligent Search
[ Editor’s note: This section is effective January 1, 2023. ] If the creator of an original estate planning document cannot be located or does not take possession of the original document as provided in section 15-23-105 and if the custodian is neither able nor required to transfer possession of the original document to someone […]
§ 15-23-122. Deletion of Electronic Estate Planning Documents and Computer Folders – Error Correction
[ Editor’s note: This section is effective January 1, 2023.] The state court administrator shall delete an electronic estate planning document filed pursuant to this article 23 upon presentation of: A request by a creator of the document on a notarized form furnished by the state court administrator; Proof of identity of the creator; and […]
§ 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.