§ 15-23-118. Access to Filing Statement
[ Editor’s note: This section is effective January 1, 2023. ] The state court administrator shall provide an individual, entity, court, or government agency that is authorized to receive a copy of a filing statement pursuant to section 15-23-119 or 15-23-120, and that has provided proof of identity, access to any filing statement filed under […]
§ 15-23-103. Definitions
[ Editor’s note: This section is effective January 1, 2023. ] As used in this article 23, unless the context otherwise requires: “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney. “Certified by the state court administrator” means a record certified by the state court administrator as being a true […]
§ 15-23-119. Access to Electronic Estate Planning Document Prior to Notification of Creator’s Death
[ Editor’s note: This section is effective January 1, 2023.] Until notified of a creator’s death as provided in section 15-23-120 (1)(b), the state court administrator may presume that the creator is living. When a creator is presumed living, the state court administrator shall deliver a copy of an electronic document certified by the state […]
§ 15-23-104. Applicability
[ Editor’s note: This section is effective January 1, 2023.] Subject to subsection (2) of this section, this article 23 applies to an original estate planning document created before, on, or after January 1, 2023. This article 23 does not apply to an original estate planning document of a creator whose location is known to […]
§ 15-23-120. Access to Electronic Estate Planning Document After Notification of Creator’s Death – Definitions. [ Editor’s Note: This Section Is Effective January 1, 2023. ]
As used in this section, unless the context otherwise requires: “Authorized recipient” means: An individual or entity nominated or appointed as a fiduciary in an original estate planning document of a creator or appointed on behalf of the estate of a creator by a court, upon presentation of the following: A record of the original […]
§ 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. […]