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 not acted upon by the state court administrator within ninety days after its submission, the individual, entity, or government agency may file an action in the probate court of the city and county of Denver, naming the state court administrator as respondent, to retrieve a copy of any or all of the contents of the computer folder. The individual, entity, or government agency must file the action within ninety days after the date of the denial by the state court administrator or within one hundred eighty days after the date of the filing of the request for retrieval if the state court administrator has failed to act on it.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2445, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).
15-23-122. Deletion of electronic estate planning documents and computer folders - error correction. (1) (a) The state court administrator shall delete an electronic estate planning document filed pursuant to this article 23 upon presentation of:
(I) A request by a creator of the document on a notarized form furnished by the state court administrator;
(II) Proof of identity of the creator; and
(III) Payment of a deletion fee.
(b) The state court administrator shall file the request form in the creator's computer folder and shall maintain the folder for the period of time specified in subsection (4) of this section.
(c) Upon request for deletion pursuant to this subsection (1), the state court administrator shall delete the electronic document only from the computer folder of the creator who requests the deletion.
(2) A request pursuant to this section must be made on a form provided by the state court administrator that contains the 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 on the request form, whether or not the individual is named in the request as the one submitting the request.
(3) The state court administrator may take such actions as the state court administrator deems necessary to correct any technological, typographical, or clerical error, and, at the state court administrator's discretion, he or she may delete a record that a custodian has filed in error.
(4) The state court administrator may delete a computer folder one hundred years after the date of the creation of the folder.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2445, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).
NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING DOCUMENTS