As used in this article 23, unless the context
otherwise requires:
(1) Agent means an attorney-in-fact granted authority under a durable or
nondurable power of attorney.
(2) 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.
(3) Computer folder means a directory identified under the name of a
creator containing the creator'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).
(4) Creator means an individual who, either alone, with one or more other
individuals, or through a fiduciary, has executed an original estate planning
document, as defined in subsection (13) of this section, pursuant to the law of any
jurisdiction.
(5) Custodian means any of the following that has sole possession and
control of an original estate planning document of an individual:
(a) An attorney licensed or formerly licensed to practice in Colorado, the
attorney's fiduciary, or an affiant of an affidavit of the deceased attorney's estate
pursuant to part 12 of article 12 of this title 15;
(b) An entity providing legal services pursuant to rule 265 of the Colorado
rules of civil procedure;
(c) A professional fiduciary appointed under an original estate planning
document, the successor to 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;
(d) A financial institution providing fiduciary services;
(e) A financial institution or its subsidiary providing safe deposit box
services; or
(f) An attorney appointed by the chief judge of a judicial district to inventory
files of an attorney pursuant 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:
(a) Searching a telephone directory covering at least the geographic area of
the last physical address of the creator known to the custodian;
(b) Calling the creator at the last phone number of the creator known to the
custodian;
(c) Sending an email to the last email address of the creator known to the
custodian;
(d) Conducting an internet search for the creator; or
(e) Subject to applicable law other than this article 23, attempting to contact
by any means described in this subsection (6):
(I) An heir of the creator;
(II) A fiduciary, devisee, or beneficiary designated in the creator's original
document; or
(III) If applicable, another party to the document.
(7) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(8) Electronic estate planning document and electronic document mean
the electronic record created from an original estate planning document.
(9) Fiduciary means an original, additional, or successor personal
representative, conservator, agent, or trustee.
(10) Filing statement means information provided and declarations made
by a custodian pursuant to section 15-23-111.
(11) Financial institution means a federal- or state-chartered commercial
bank, savings and loan association, savings bank, trust company, or credit union.
(12) Index of creator names means the searchable database created by the
state court administrator pursuant to section 15-23-114 (2).
(13) Original estate planning document and original document mean an
original instrument in writing that is any will document, including, but not limited to
wills, as defined in section 15-10-201 (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).
(14) Professional fiduciary means an individual or entity that is in the
business of acting as a fiduciary.
(15) 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.
(16) Proof of identity means any of the following:
(a) For an individual, a record of the individual's:
(I) Passport, driver's license, or government-issued non-driver identification
card that is current or expired not more than one year before the time of
presentation; or
(II) Other form of government identification that is current or has been
expired for not more than one year before the time of presentation, contains the
signature or a photograph of the individual, and is satisfactory to the state court
administrator;
(b) For a court, a record of a certified court order;
(c) For an entity, a record of a writing stating that the individual making the
request on behalf of the 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
(d) For a government agency, a record of a writing stating that the individual
making the request on 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.
(17) Record means information that is inscribed on a tangible medium or
that is stored in an electronic or other medium and is retrievable in perceivable
form.
(18) State court administrator means the state court administrator
established pursuant to section 13-3-101.