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- Colorado Statutes
- 2023 Edition
- Title 15. Probate, Trusts, and Fiduciaries
- Abandoned Estate Planning Documents
- Article 23. Colorado Electronic Preservation of Abandoned Estate Planning Documents Act
C.R.S. § 15-23-111 Filing Statement
Library | Colorado Statutes |
Edition | 2023 |
Currency | Current through 2023 Regular and 1st Extraordinary Session |
Year | 2023 |
Citation | C.R.S. § 15-23-111 |
(1) A custodian shall submit a filing statement for each electronic estate planning document for each creator submitted to the state court administrator pursuant to this article 23.
(2) A custodian shall provide the following information and make the following declarations on a filing statement form furnished by the state court administrator:
(a) A declaration that after attempting to transfer possession of the original estate planning document to its creator as provided in section 15-23-105:
(I) The custodian cannot locate the creator of the original document;
(II) The creator has not taken possession of the original document; or
(III) The custodian has neither been able nor required to transfer possession of the original document to someone other than the creator under applicable law other than this article 23;
(b) The name of the creator, last name first;
(c) All aliases of the creator, last name first, known to the custodian;
(d) The date of birth of the creator, if known to the custodian;
(e) Subject to subsection (3) of this section, the last mailing and physical addresses of the creator known to the custodian;
(f) Regarding the custodian:
(I) If the custodian is an individual, the name and address of the individual;
(II) If the custodian is an entity, the name and address of the entity, the name and position of the individual acting on behalf of the entity, and the individual's address if different than that of the entity;
(g) For the electronic estate planning document filed:
(I) The name and date of the electronic document;
(II) The category of the original document, as described in section 15-23-103(13), that has been converted to an electronic document; and
(III) The number of pages of the electronic document;
(h) A declaration that the custodian, or if an entity, the officer of the custodian, submitting the filing statement has:
(I) Examined the original estate planning document;
(II) Based upon that examination, believes that the document is an original estate planning document of the creator, as those terms are defined in section 15-23-103;
(III) Compared the electronic estate planning document with the original estate planning document; and
(IV) Based upon that comparison, believes that the electronic estate planning document is a true and correct copy of the original estate planning document;
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