[ Editor's note: This section is effective January 1, 2023. ] 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 the creator under applicable law other than this article 23, the original document is deemed abandoned for the purposes of this article 23, and the custodian may preserve the original document electronically as provided in this article 23.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2437, § 1, effective January 1, 2023.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 23 - Colorado Electronic Preservation of Abandoned Estate Planning Documents Act
§ 15-23-102. Legislative Declaration
§ 15-23-105. Transfer of Possession to Creator
§ 15-23-106. Preservation of an Abandoned Original Estate Planning Document After Diligent Search
§ 15-23-108. Exculpation of Custodian
§ 15-23-109. Electronic Conversion and Filing
§ 15-23-110. Penalty of Perjury
§ 15-23-112. Reliance on Filing Statement
§ 15-23-113. Fees - Disposition - Appropriation - Cash Fund
§ 15-23-114. Duties of the State Court Administrator
§ 15-23-115. Destruction of Original Estate Planning Document
§ 15-23-116. Authenticity of Electronic Estate Planning Document
§ 15-23-118. Access to Filing Statement
§ 15-23-119. Access to Electronic Estate Planning Document Prior to Notification of Creator's Death