C.R.S.
Section 15-23-102
Legislative declaration
(1)
The general assembly finds and declares that:(a)
Abandoned original estate planning documents are in the custody of professionals who are unable to locate the creators of the documents;(b)
Creating a central repository for these documents would be in the best interests of the custodians and creators of these documents and the creators’ representatives who may later be in need of the documents;(c)
The judicial department is an appropriate repository for the documents;(d)
Economics dictate and technology permits conversion of original estate planning documents into electronic versions of the originals as reliable substitutes for the originals; and(e)
Custodians are in the best position to certify the authenticity of original estate planning documents before their conversion to electronic format and filing with the judicial department.(2)
Therefore, the general assembly declares that:(a)
Public policy of this state should encourage a custodian of an abandoned original estate planning document to certify the document as such and, after making a good-faith effort to locate the creator of the document, convert it to an electronic format and file the electronic record of the document with the judicial department;(b)
The judicial department should maintain the electronic record of each document filed with it under this article 23 and furnish a certified copy thereof to individuals and entities reasonably entitled thereto upon proof of identity and entitlement;(c)
A certified copy of an electronic record maintained in the judicial department should be accorded the same status as the abandoned original estate planning document; and(d)
It is the intent of the general assembly that this article 23 be liberally construed to give effect to the purposes stated in this article 23.
Source:
Section 15-23-102 — Legislative declaration, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf (accessed Oct. 20, 2023).
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