§ 15-23-111 — Filing statement

(1) A custodian shall submit a filing statement
for each electronic estate planning document for each creator submitted to the
state court administrator pursuant to this article 23.

(2) A custodian shall provide the following information and make the
following declarations on a filing statement form furnished by the state court
administrator:

(a) A declaration that after attempting to transfer possession of the original
estate planning document to its creator as provided in section 15-23-105:

(I) The custodian cannot locate the creator of the original document;

(II) The creator has not taken possession of the original document; or

(III) The custodian has neither been able nor required to transfer possession
of the original document to someone other than the creator under applicable law
other than this article 23;

(b) The name of the creator, last name first;

(c) All aliases of the creator, last name first, known to the custodian;

(d) The date of birth of the creator, if known to the custodian;

(e) Subject to subsection (3) of this section, the last mailing and physical
addresses of the creator known to the custodian;

(f) Regarding the custodian:

(I) If the custodian is an individual, the name and address of the individual;

(II) If the custodian is an entity, the name and address of the entity, the name
and position of the individual acting on behalf of the entity, and the individual's
address if different than that of the entity;

(g) For the electronic estate planning document filed:

(I) The name and date of the electronic document;

(II) The category of the original document, as described in section 15-23-103
(13), that has been converted to an electronic document; and

(III) The number of pages of the electronic document;

(h) A declaration that the custodian, or if an entity, the officer of the
custodian, submitting the filing statement has:

(I) Examined the original estate planning document;

(II) Based upon that examination, believes that the document is an original
estate planning document of the creator, as those terms are defined in section 15-23-103;

(III) Compared the electronic estate planning document with the original
estate planning document; and

(IV) Based upon that comparison, believes that the electronic estate
planning document is a true and correct copy of the original estate planning
document;

(i) (I) A declaration that, if the custodian is subject to the Colorado rules of
professional conduct, the custodian has complied with the rules as they may relate
to this filing;

(II) For the purpose of the declaration made pursuant to this subsection (2)(i),
the state court administrator shall refer to the Colorado rules of professional
conduct as the Colorado Rules of Professional Conduct adopted by the Supreme
Court of Colorado;

(j) A declaration that the custodian has complied with all applicable law
other than this article 23; and

(k) A declaration that the act of submitting a filing statement 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 declarations made in the filing statement, whether or not
the individual is named in the filing statement as the one submitting the filing
statement.

(3) In the case of an original estate planning document found in a safe
deposit box, it is sufficient under subsection (2)(e) of this section to furnish the last
mailing and physical addresses of the lessee or lessees of the safe deposit box
known to the custodian.

(4) Information provided and declarations made in the filing statement are
part of the profile for each creator.

Legislative History

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2438, � 1, effective January 1, 2023 (see editor's note following the heading for this article 23).