US Lawyer Database

§ 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 […]

§ 15-23-104. 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 […]

§ 15-23-107. 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. […]