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 any names or aliases that are the subject of an inquiry.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2442, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).
15-23-119. Access to electronic estate planning document prior to notification of creator's death. (1) 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.
(2) When a creator is presumed living, the state court administrator shall deliver a copy of an electronic document certified by the state court administrator to any of the following individuals or entities upon request for a copy of the electronic estate planning document on a form furnished by the state court administrator and payment of a retrieval fee:
(a) The creator, upon presentation of proof of identity of the creator;
(b) An individual authorized to receive the copy of an electronic document in a writing signed by the creator and notarized, upon presentation of:
(I) A record of the writing; and
(II) Proof of identity of the authorized individual;
(c) An agent of the creator, upon presentation of:
(I) A record of the power of attorney;
(II) A record of the agent's certification as to the validity of the power of attorney and the agent's authority as provided in section 15-14-742; and
(III) Proof of identity of the agent;
(d) An individual or entity nominated or appointed as a fiduciary in the electronic document or appointed by a court, upon presentation of:
(I) A record of the original estate planning document or of the certified court order; and
(II) Proof of identity of the fiduciary;
(e) A court-appointed conservator for the creator, upon presentation of:
(I) A record of certified letters of conservatorship; and
(II) Proof of identity of the conservator; or
(f) An individual, entity, court, or government agency authorized to receive the copy of the electronic document as provided in an order entered by a court, upon presentation of:
(I) A record of the certified court order; and
(II) Proof of identity of the authorized individual, or of the individual acting on behalf of the authorized entity, court, or government agency.
(3) A request made pursuant to this section must be made on a form provided by the state court administrator that contains a declaration that the act of submitting the request to the state court administrator subjects the submitter and the individual on whose behalf the submitter is acting to the penalty of perjury pursuant to section 15-23-110 for the information provided and the declarations made in the request form, whether or not the individual is named in the request as the one submitting the request.
(4) The state court administrator shall file a request form submitted pursuant to subsection (2) of this section in the creator's computer folder.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2442, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).
15-23-120. Access to electronic estate planning document after notification of creator's death - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Authorized recipient means:
(I) 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) A record of the original document or the certified court order; and
(B) Proof of the identity of the fiduciary;
(II) An individual or entity named as a devisee under a will document or beneficiary under a trust document, upon presentation of the following:
(A) A record of the will document or the trust document; and
(B) Proof of identity of the individual, or the individual acting on behalf of the entity, named as a devisee or beneficiary;
(III) A court-appointed fiduciary for an individual named as a devisee under a will document or beneficiary under a trust document upon presentation of the following:
(A) A record of the will document or the trust document;
(B) A record of certified letters of appointment of the fiduciary; and
(C) Proof of identity of the fiduciary; or
(IV) An individual, entity, court, or government agency authorized to receive a copy of any or all of the contents of a computer folder as provided in a court order, upon presentation of the following:
(A) Record of the certified court order; and
(B) Proof of identity of the authorized individual, or of the individual acting on behalf of the authorized entity, court, or government agency.
(b) Notification of death means presentation to the state court administrator of:
(I) A record of the creator's certified death certificate; or
(II) A record of the certified court order determining that a creator is deceased.
(2) Upon notification of death and a request for any or all of the contents of a computer folder by an authorized recipient on a form furnished by the state court administrator and payment of a retrieval fee, the state court administrator shall:
(a) Deliver a copy of the requested contents of the computer folder with each electronic estate planning document certified by the state court administrator to the authorized recipient;
(b) As to a will document of a creator, lodge a copy of the electronic estate planning document certified by the state court administrator as required by section 15-11-516; and
(c) File the request form in the creator's computer folder.
(3) A request made pursuant to this section must be made on a form provided by the state court administrator that contains a declaration that the act of submitting the request to the state court administrator subjects the submitter and the individual on whose behalf the submitter is acting to the penalty of perjury pursuant to section 15-23-110 for the information provided and the declarations made in the request form, whether or not the individual is named in the request as the one submitting the request.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2443, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).