Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
Colo. Rev. Stat. § 15-23-101 Short title
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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 (see editor's note following the heading for this article 2…
Colo. Rev. Stat. § 15-23-102 Legislative declaration
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(1) The general assembly finds and declares that: (a) Abandoned original estate planning documents are in the custody of professionals who are unable to locate the creators of the documents; (b) Creating a central repository for these documents would be in the best interests of t…
Colo. Rev. Stat. § 15-23-103 Definitions
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As used in this article 23, unless the context otherwise requires: (1) Agent means an attorney-in-fact granted authority under a durable or nondurable power of attorney. (2) Certified by the state court administrator means a record certified by the state court administrator as be…
Colo. Rev. Stat. § 15-23-104 Applicability
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(1) 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. (2) This article 23 does not apply to an original estate planning document of a creator whose location is known to the cust…
Colo. Rev. Stat. § 15-23-105 Transfer of possession to creator
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(1) 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. (2) (a) If the attempt t…
Colo. Rev. Stat. § 15-23-106 Preservation of an abandoned original estate planning document after diligent search
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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 other than t…
Colo. Rev. Stat. § 15-23-107 Privilege
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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 …
Colo. Rev. Stat. § 15-23-108 Exculpation of custodian
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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 faith, gross negligence, or intentional misconduct. Source…
Colo. Rev. Stat. § 15-23-109 Electronic conversion and filing
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(1) 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 format …
Colo. Rev. Stat. § 15-23-110 Penalty of perjury
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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, …
Colo. Rev. Stat. § 15-23-111 Filing statement
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(1) 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. (2) A custodian shall provide the following information and make the following declarations on a f…
Colo. Rev. Stat. § 15-23-112 Reliance on filing statement
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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 (see editor's note following t…
Colo. Rev. Stat. § 15-23-113 Fees - disposition - appropriation - cash fund
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(1) The state court administrator shall determine and collect fees to cover the associated costs for submitting the following: (a) A filing statement, including the attached electronic estate planning document; (b) A request for retrieval; and (c) A request for deletion. (2) The …
Colo. Rev. Stat. § 15-23-114 Duties of the state court administrator
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(1) The state court administrator shall provide the forms required to administer the provisions of this article 23. (2) 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 a…
Colo. Rev. Stat. § 15-23-115 Destruction of original estate planning document
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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 t…
Colo. Rev. Stat. § 15-23-116 Authenticity of electronic estate planning document
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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. 252,…
Colo. Rev. Stat. § 15-23-117 Public record
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(1) The index of creator names created pursuant to section 15-23-114 (2) is a public record. (2) 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 feder…
Colo. Rev. Stat. § 15-23-118 Access to filing statement
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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 unde…
Colo. Rev. Stat. § 15-23-119 Access to electronic estate planning document prior to notification of creator ‘s death
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(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…
Colo. Rev. Stat. § 15-23-120 Access to electronic estate planning document after notification of creator’s death - definitions
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(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 cour…
Colo. Rev. Stat. § 15-23-121 Action to establish a claim
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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 administra…
Colo. Rev. Stat. § 15-23-122 Deletion of electronic estate planning documents and computer folders - error correction
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(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 t…