C.R.S. § 15-23-120 Access to Electronic Estate Planning Document After Notification of Creator's Death - Definitions

• Library: Colorado Statutes
• Edition: 2023
• Currency: Current through 2023 Regular and 1st Extraordinary Session
• Year: 2023
• Citation: C.R.S. § 15-23-120

(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: