Title 15, Probate, Trusts, and Fiduciaries
0 chapters · 926 sections in this title.
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…
Colo. Rev. Stat. § 15-24-101 Short title
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This article 24 may be cited as the Uniform Non-Testamentary Electronic Estate Planning Documents Act. Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 679, � 1, effective January 1, 2025.
Colo. Rev. Stat. § 15-24-102 Definitions
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In this article 24: (1) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) Electronic record means a record created, generated, sent, communicated, received, or stored by electronic means.…
Colo. Rev. Stat. § 15-24-103 Construction
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(1) This article 24 is designed to authorize estate planning documents to be in electronic form and electronically signed. This article 24 does not negate other state law requirements that must be satisfied to validate a non-testamentary estate planning document. Accordingly, thi…
Colo. Rev. Stat. § 15-24-201 Scope
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(1) Except as provided in subsection (2) of this section, this article 24 applies to an electronic non-testamentary estate planning document and an electronic signature on a non-testamentary estate planning document. (2) (a) This article 24 does not apply to a non-testamentary es…
Colo. Rev. Stat. § 15-24-202 Principles of law and equity
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The law of this state and principles of equity applicable to a non-testamentary estate planning document apply to an electronic non-testamentary estate planning document except as modified by this article 24. Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 682, �…
Colo. Rev. Stat. § 15-24-203 Use of electronic record or signature not required
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(1) This article 24 does not require a non-testamentary estate planning document or signature on a non-testamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (…
Colo. Rev. Stat. § 15-24-204 Recognition of electronic non-testamentary estate planning document and electronic signature
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(1) A non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form. (2) If another law of this state requires a non-testamentary estate planning doc…
Colo. Rev. Stat. § 15-24-205 Attribution and effect of electronic record and electronic signature
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(1) An electronic non-testamentary estate planning document or electronic signature on an electronic non-testamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the e…
Colo. Rev. Stat. § 15-24-206 Notarization and acknowledgment
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If another law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic non-testamentary estate planning document if an individual authorized to perform the notarization, a…
Colo. Rev. Stat. § 15-24-207 Witnessing and attestation
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If another law of this state bases the validity of a non-testamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. Source: L. 2024: Entire article ad…
Colo. Rev. Stat. § 15-24-208 Retention of electronic record - original
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(1) Except as provided in subsection (2) of this section, if another law of this state requires an electronic non-testamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an el…
Colo. Rev. Stat. § 15-24-209 Certification of paper copy
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An individual may create a certified paper copy of an electronic non-testamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 6…
Colo. Rev. Stat. § 15-24-210 Admissibility in evidence
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Evidence relating to an electronic non-testamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form. Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 684, � 1, effectiv…
Colo. Rev. Stat. § 15-24-211 Protection of persons without knowledge of non-testamentary estate planning documents
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If a person acting in good faith has no actual knowledge of an electronic non-testamentary estate planning document, then the person is not liable for acts performed in good faith and may presume that the document does not exist.
Colo. Rev. Stat. § 15-24-401 Uniformity of application and construction
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In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 685, � 1, effective January 1, 2025. 15-24-402. Relation to electronic si…
Colo. Rev. Stat. § 15-24-402 Relation to electronic signatures in global and national commerce act
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This article 24 modifies, limits, or supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notice…
Colo. Rev. Stat. § 15-24-403 Transitional provision
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(1) This article 24 applies to an electronic non-testamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after January 1, 2025. (2) This article 24 applies to the will of a decedent who dies on or after January 1, 2…