[Editor's note: This section is effective January 1, 2023.] As used in this article 23, unless the context otherwise requires:
"Agent" means an attorney-in-fact granted authority under a durable or nondurable power ofattorney.
"Certified by the state court administrator" means a record certified by the state court administrator as being a true copy of an electronic record maintained by the state court administrator.
"Computer folder" means a directory identified under the name of a creator containing thecreator's electronic documents and related electronic records that is established and maintained by the state court administrator pursuant to section 15-23-114 (3)(c).
"Creator" means an individual who, either alone, with one or more other individuals, orthrough a fiduciary, has executed an original estate planning document, as defined in subsection (13) of this section, pursuant to the law of any jurisdiction.
"Custodian" means any of the following that has sole possession and control of an originalestate planning document of an individual:
An attorney licensed or formerly licensed to practice in Colorado, the attorney's fiduciary, oran affiant of an affidavit of the deceased attorney's estate pursuant to part 12 of article 12 of this title 15;
An entity providing legal services pursuant to rule 265 of the Colorado rules of civil procedure;
A professional fiduciary appointed under an original estate planning document, the successorto the professional fiduciary, the professional fiduciary's or successor's fiduciary, or an affiant of an affidavit of the professional fiduciary's or successor's estate pursuant to part 12 of article 12 of this title 15;
A financial institution providing fiduciary services;
A financial institution or its subsidiary providing safe deposit box services; or
An attorney appointed by the chief judge of a judicial district to inventory files of an attorneypursuant to rule 251.32 (h) of the Colorado rules of civil procedure.
(6) "Diligent search" means an attempt to locate and contact a creator by two or more of the following means:
Searching a telephone directory covering at least the geographic area of the last physicaladdress of the creator known to the custodian;
Calling the creator at the last phone number of the creator known to the custodian;
Sending an e-mail to the last e-mail address of the creator known to the custodian;
Conducting an internet search for the creator; or
Subject to applicable law other than this article 23, attempting to contact by any meansdescribed in this subsection (6):
An heir of the creator;
A fiduciary, devisee, or beneficiary designated in the creator's original document; or(III) If applicable, another party to the document.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic estate planning document" and "electronic document" mean the electronic recordcreated from an original estate planning document.
"Fiduciary" means an original, additional, or successor personal representative, conservator,agent, or trustee.
"Filing statement" means information provided and declarations made by a custodian pursuant to section 15-23-111.
"Financial institution" means a federal- or state-chartered commercial bank, savings andloan association, savings bank, trust company, or credit union.
"Index of creator names" means the searchable database created by the state court administrator pursuant to section 15-23-114 (2).
"Original estate planning document" and "original document" mean an original instrumentin writing that is any will document, including, but not limited to wills, as defined in section 1510-201 (59); codicils; holographic wills; documents purporting to be wills; instruments that revoke or revise a testamentary instrument; testamentary instruments that merely appoint a personal representative; other testamentary instruments, such as memoranda distributing tangible personal property, as described in section 15-11-513; and testamentary appointments of guardian as described in section 15-14-202 (1).
"Professional fiduciary" means an individual or entity that is in the business of acting as afiduciary.
"Profile" means an electronic record created and maintained by the state court administrator pursuant to section 15-23-114 (3)(d) under the name of each creator for whom the state court administrator has received an electronic estate planning document.
"Proof of identity" means any of the following:
(a) For an individual, a record of the individual's:
Passport, driver's license, or government-issued non-driver identification card that is currentor expired not more than one year before the time of presentation; or
Other form of government identification that is current or has been expired for not morethan one year before the time of presentation, contains the signature or a photograph of the individual, and is satisfactory to the state court administrator;
For a court, a record of a certified court order;
For an entity, a record of a writing stating that the individual making the request on behalf ofthe entity is an officer of the entity and proof of identity for the individual in the same manner as provided in subsection (16)(a) of this section; and
For a government agency, a record of a writing stating that the individual making the requeston behalf of the agency is a representative of the agency and proof of identity for the individual in the same manner as provided in subsection (16)(a) of this section.
"Record" means information that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.
"State court administrator" means the state court administrator established pursuant to section 13-3-101.
Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2433, § 1, effective January 1, 2023.