§ 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.
§ 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 […]