§ 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. […]
§ 15-23-117. Public Record
[ Editor’s note: This section is effective January 1, 2023.] The index of creator names created pursuant to section 15-23-114 (2) is a public record. A computer folder and its contents, including the creator’s profile, filing statements, and electronic estate planning documents is not a public record and is not subject to any federal or […]
§ 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 […]