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2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 23 - Colorado Electronic Preservation of Abandoned Estate Planning Documents Act
§ 15-23-109. Electronic Conversion and Filing
Universal Citation: CO Code § 15-23-109 (2021)
- [ ] 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 and using the technology prescribed by the state court administrator, and may file the electronic document with the state court administrator.
- As to each electronic estate planning document being filed, the custodian, or, if the custodian is an entity, an officer of the custodian, shall:
- Examine the original estate planning document;
- Based upon that examination, be satisfied that the document is an original estate planning document of the creator, as those terms are defined in section 15-23-103;
- Compare the electronic estate planning document with the original estate planning document; and
- Be satisfied that the electronic estate planning document is a true and correct copy of the original estate planning document.
- Notwithstanding any provision of this article 23 to the contrary, a custodian subject to the Colorado rules of professional conduct shall comply with the rules as they may relate to a filing pursuant to this article 23 prior to filing an electronic estate planning document with the state court administrator.
History. Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2437, § 1, effective January 1, 2023.
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