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Colorado Statutes, Title 15

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Title 15, Probate, Trusts, and Fiduciaries

0 chapters · 1,078 sections in this title.

All chapters in Title 151,078 Ch 14157 Ch 12155 Ch 11135 Ch 5103 Ch 186 Ch 1.249 Ch 1648 Ch 1547 Ch 1944 Ch 1037 Ch 2.533 Ch 14.523 Ch 1.522 Ch 2322

1,078 sections·Filtered byTitle 15✕

Colo. Rev. Stat. § 15-22-110 Reliance - immunity
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A third party who acts in good faith reliance on the affirmation of the existence of a valid designated beneficiary agreement shall not be subject to civil liability or administrative discipline for such reliance. Source: L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 4…
Colo. Rev. Stat. § 15-22-111 Revocation of a designated beneficiary agreement
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(1) A designated beneficiary agreement that has been recorded with a county clerk and recorder may be unilaterally revoked by either party to the agreement by recording a revocation with the clerk and recorder of the county in which the agreement was recorded. A revocation shall …
Colo. Rev. Stat. § 15-22-112 Death of a designated beneficiary - effect on designated beneficiary agreement
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(1) A designated beneficiary agreement is terminated upon the death of either of the parties to the designated beneficiary agreement; however, a right or power which a designated beneficiary agreement conferred upon a designated beneficiary survives the death of the other designa…
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…

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 a…

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…

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 me…

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. Source: L. 2024: Entire article added, (HB 24-1248…

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.

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…

Colo. Rev. Stat. § 15-2.5-101 Short title

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This article may be cited as the "Colorado Uniform Powers of Appointment Act". Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 772, § 1, effective July 1, 2015.

Colo. Rev. Stat. § 15-2.5-102 Definitions

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In this article: (1) "Appointee" means a person to whom a powerholder makes an appointment of appointive property. (2) "Appointive property" means property or property interest subject to a power of appointment. (3) "Blanket-exercise clause" means a clause in an instrument, which…

Colo. Rev. Stat. § 15-2.5-103 Governing law

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(1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent: (a) The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time; and (b) The exercise, release, or disclaimer of the powe…

Colo. Rev. Stat. § 15-2.5-104 Supplementation by common law and principles of equity

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Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions. Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 774, § 1, effective July 1, 2015. OFFICIAL COMMENT This act codifies those portions of the l…

Colo. Rev. Stat. § 15-2.5-201 Creation of power of appointment

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(1) A power of appointment is created only if: (a) The instrument creating the power: (I) Is valid under applicable law; and (II) Except as otherwise provided in subsection (2) of this section, transfers the appointive property; and (b) The terms of the instrument creating the po…

Colo. Rev. Stat. § 15-2.5-202 Nontransferability

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A powerholder may not transfer a power of appointment. If a powerholder dies without exercising or releasing a power, the power lapses. Source: L. 2014: Entire article added, (HB 14-1353), ch. 209, p. 775, § 1, effective July 1, 2015. OFFICIAL COMMENT A power of appointment is no…

Colo. Rev. Stat. § 15-2.5-203 Presumption of unlimited authority

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(1) Subject to section 15-2.5-205, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is: (a) Presently exercisable; (b) Exclusionary; and (c) Except as otherwise provided in section 15-2.5-204, general. Source: L. 2014: E…

Colo. Rev. Stat. § 15-2.5-204 Exception to presumption of unlimited authority

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(1) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if: (a) The power is exercisable only at the powerholder's death; and (b) The permissible appointees of the power are a defined and limited class that does n…