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2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 23 - Colorado Electronic Preservation of Abandoned Estate Planning Documents Act
§ 15-23-105. Transfer of Possession to Creator
Universal Citation: CO Code § 15-23-105 (2021)
- [ ] 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.
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- If the attempt to transfer the original document to the creator after a diligent search is not successful, the custodian shall send a letter to the last mailing address of the creator known to the custodian by first-class mail or certified mail return receipt requested, notifying the creator that if the creator does not take possession of the original document within ninety days after the date of mailing, the custodian will file an electronic copy of the original document with the state court administrator and destroy the original document.
- In the case of an original document found in a safe deposit box, the custodian may send the letter required by this subsection (2) addressed to the creator “in care of” the lessee or lessees of the safe deposit box at the mailing address of the lessee or lessees last known to the custodian.
History. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2436, § 1, effective January 1, 2023.
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