§ 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.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2432, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).