[ Editor’s note: This section is effective January 1, 2023. ] The short title of this article 23 is the “Colorado Electronic Preservation of Abandoned Estate Planning Documents Act”. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2432, § 1, effective January 1, 2023.
[ Editor’s note: This section is effective January 1, 2023.] The general assembly finds and declares that: Abandoned original estate planning documents are in the custody of professionals who are unable to locate the creators of the documents; Creating a central repository for these documents would be in the best interests of the custodians and […]
[ 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 […]
[ 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 […]
[ 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 […]
[ 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 […]
[ 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. […]
[ 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 […]
[ 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 […]
[ 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 […]
[ 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 […]
[ 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.
[ 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 […]
[ 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 […]
[ 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 […]
[ 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. […]
[ 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 […]
[ 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 […]
[ 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 […]
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 […]
