Colorado § 15-23-120 - Access to electronic estate planning document after notification of creator's death - definitions.

§ 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).