Deletion of electronic estate planning documents and computer folders - error correction.

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[Editor's note: This section is effective January 1, 2023.] (1) (a) The state court administrator shall delete an electronic estate planning document filed pursuant to this article 23 upon presentation of:

  1. A request by a creator of the document on a notarized form furnished by the state courtadministrator;

  2. Proof of identity of the creator; and(III) Payment of a deletion fee.

(b) The state court administrator shall file the request form in the creator's computer folder and shall maintain the folder for the period of time specified in subsection (4) of this section. (c) Upon request for deletion pursuant to this subsection (1), the state court administrator shall delete the electronic document only from the computer folder of the creator who requests the deletion.

  1. A request pursuant to this section must be made on a form provided by the state courtadministrator that contains the declaration that the act of submitting the request to the state court administrator subjects the submitter and the individual on whose behalf the submitter is acting to the penalty of perjury pursuant to section 15-23-110 for the information provided and the declarations made on the request form, whether or not the individual is named in the request as the one submitting the request.

  2. The state court administrator may take such actions as the state court administrator deemsnecessary to correct any technological, typographical, or clerical error, and, at the state court administrator's discretion, he or she may delete a record that a custodian has filed in error.

  3. The state court administrator may delete a computer folder one hundred years after the dateof the creation of the folder.

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2445, § 1, effective January 1, 2023.


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