Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0589.01 Jerry Barry x4341
HOUSE BILL 24-1248
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE "UNIFORM NON-TESTAMENTARY ELECTRONIC101
E
STATE PLANNING DOCUMENTS ACT".102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Colorado Commission on Uniform State Laws. The bill enacts
the "Uniform Non-Testamentary Electronic Estate Planning Documents
Act". The bill clarifies when and how electronic documents may be used
in estate planning documents other than wills.
HOUSE SPONSORSHIP
Snyder,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 24 to title2
15 as follows:3
ARTICLE 244
Uniform Non-Testamentary Electronic Estate Planning5
Documents Act6
PART 17
GENERAL PROVISIONS AND DEFINITIONS8
15-24-101. Short title. T
HIS ARTICLE 24 MAY BE CITED AS THE9
"U
NIFORM NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING10
D
OCUMENTS ACT".11
15-24-102. Definitions. I
N THIS ARTICLE 24:12
(1) "E
LECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING13
ELECTRICAL, DIGITAL, MAGNETIC , WIRELESS, OPTICAL,14
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES.15
(2) "E
LECTRONIC RECORD " MEANS A RECORD CREATED ,16
GENERATED, SENT, COMMUNICATED , RECEIVED, OR STORED BY17
ELECTRONIC MEANS.18
(3) "E
LECTRONIC SIGNATURE" MEANS AN ELECTRONIC SYMBOL OR19
PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND20
EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE21
RECORD.22
(4) "I
NFORMATION" INCLUDES DATA, TEXT, IMAGES, CODES,23
COMPUTER PROGRAMS , SOFTWARE, AND DATABASES.24
(5) "N
ON-TESTAMENTARY ESTATE PLANNING DOCUMENT " MEANS25
A RECORD RELATING TO ESTATE PLANNING THAT IS READABLE AS TEXT AT26
THE TIME OF SIGNING AND IS NOT A WILL OR CONTAINED IN A WILL . THE27
HB24-1248
-2- TERM:1
(a) I
N THIS ARTICLE 24, IS LIMITED TO A RECORD THAT CREATES,2
EXERCISES, MODIFIES, RELEASES, OR REVOKES:3
(I) A
TRUST INSTRUMENT;4
(II) A
TRUST POWER THAT UNDER THE TERMS OF THE TRUST5
REQUIRES A SIGNED RECORD;6
(III) A
CERTIFICATION OF A TRUST PURSUANT TO SECTION7
15-5-1013;8
(IV) A
POWER OF ATTORNEY THAT IS DURABLE PURSUANT TO THE9
"U
NIFORM POWER OF ATTORNEY ACT", PART 7 OF ARTICLE 14 OF THIS10
TITLE 15;11
(V) A
N AGENT'S CERTIFICATION PURSUANT TO SECTION 15-14-71912
OF THE VALIDITY OF A POWER OF ATTORNEY AND THE AGENT 'S13
AUTHORITY;14
(VI) A
POWER OF APPOINTMENT;15
(VII) A
N ADVANCE DIRECTIVE, INCLUDING A HEALTH-CARE POWER16
OF ATTORNEY, DIRECTIVE TO PHYSICIANS, NATURAL DEATH STATEMENT ,17
LIVING WILL, AND MEDICAL OR PHYSICIAN ORDER FOR LIFE -SUSTAINING18
TREATMENT;19
(VIII) A
RECORD DIRECTING DISPOSITION OF AN INDIVIDUAL 'S20
BODY AFTER DEATH;21
(IX) A
NOMINATION OF A GUARDIAN FOR THE SIGNING INDIVIDUAL ;22
(X) A
NOMINATION OF A GUARDIAN FOR A MINOR CHILD OR23
DISABLED ADULT CHILD;24
(XI) A
MENTAL HEALTH TREATMENT DECLARATION ;25
(XII) A
DISCLAIMER PURSUANT TO THE "UNIFORM DISCLAIMER OF26
P
ROPERTY INTERESTS ACT", PART 12 OF ARTICLE 11 OF THIS TITLE 15; AND27
HB24-1248
-3- (XIII) A SEPARATE WRITING OR MEMORANDUM PURSUANT TO1
SECTION 15-11-513;2
(b) E
XCLUDES ALL OTHER NON-TESTAMENTARY ESTATE PLANNING3
DOCUMENTS, INCLUDING:4
(I) A
DEED OF REAL PROPERTY, INCLUDING A BENEFICIARY DEED5
PURSUANT TO PART 4 OF ARTICLE 15 OF THIS TITLE 15;6
(II) A
CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, WATERCRAFT,7
OR AIRCRAFT; AND8
(III) S
UBJECT TO SECTION 15-24-201 (2)(b)(III), ANY RECORD OF9
A MULTIPLE-PARTY AGREEMENT OR OTHER CONTRACTUAL ARRANGEMENT10
NOT IDENTIFIED IN SUBSECTION (5)(a) OF THIS SECTION.11
(6) "P
ERSON" MEANS AN INDIVIDUAL, ESTATE, BUSINESS OR12
NONPROFIT ENTITY, GOVERNMENT OR GOVERNMENTAL SUBDIVISION ,13
AGENCY, OR INSTRUMENTALITY, OR OTHER LEGAL ENTITY.14
(7) "P
OWER OF ATTORNEY " MEANS A RECORD THAT GRANTS15
AUTHORITY TO AN AGENT TO ACT IN PLACE OF THE PRINCIPAL , EVEN IF THE16
TERM IS NOT USED IN THE RECORD.17
(8) "R
ECORD" MEANS INFORMATION:18
(a) I
NSCRIBED ON A TANGIBLE MEDIUM ; OR19
(b) S
TORED IN AN ELECTRONIC OR OTHER MEDIUM AND20
RETRIEVABLE IN PERCEIVABLE FORM .21
(9) "S
ECURITY PROCEDURE" MEANS A PROCEDURE TO VERIFY THAT22
AN ELECTRONIC SIGNATURE , RECORD, OR PERFORMANCE IS THAT OF A23
SPECIFIC PERSON OR TO DETECT A CHANGE OR ERROR IN AN ELECTRONIC24
RECORD. THE TERM INCLUDES A PROCEDURE THAT USES AN ALGORITHM ,25
CODE, IDENTIFYING WORD OR NUMBER , ENCRYPTION, OR CALLBACK OR26
OTHER ACKNOWLEDGMENT PROCEDURE .27
HB24-1248
-4- (10) "SETTLOR" MEANS A PERSON, INCLUDING A TESTATOR, THAT1
CREATES OR CONTRIBUTES PROPERTY TO A TRUST .2
(11) "S
IGN" MEANS, WITH PRESENT INTENT TO AUTHENTICATE OR3
ADOPT A RECORD:4
(a) E
XECUTE OR ADOPT A TANGIBLE SYMBOL ; OR5
(b) A
TTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN6
ELECTRONIC SIGNATURE.7
(12) "S
TATE" MEANS A STATE OF THE UNITED STATES, THE8
D
ISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN9
I
SLANDS, OR OTHER TERRITORY OR POSSESSION SUBJECT TO THE10
JURISDICTION OF THE UNITED STATES. THE TERM INCLUDES A FEDERALLY11
RECOGNIZED INDIAN TRIBE.12
(13) "T
ERMS OF A TRUST" MEANS THE MANIFESTATION OF THE13
SETTLOR'S INTENT REGARDING A TRUST'S PROVISIONS AS:14
(a) E
XPRESSED IN THE TRUST INSTRUMENT ; OR15
(b) M
AY BE ESTABLISHED BY OTHER EVIDENCE IN A JUDICIAL16
PROCEEDING OR IN A NONJUDICIAL SETTLEMENT AGREEMENT PURSUANT17
TO SECTION 15-5-111 OR BY ALTERNATE DISPUTE RESOLUTION PURSUANT18
TO SECTION 15-5-113.19
(14) "T
RUST INSTRUMENT" MEANS AN INSTRUMENT EXECUTED BY20
THE SETTLOR THAT CONTAINS TERMS OF THE TRUST , INCLUDING ANY21
AMENDMENTS.22
(15) "W
ILL" INCLUDES A CODICIL AND A TESTAMENTARY23
INSTRUMENT THAT MERELY APPOINTS AN EXECUTOR , REVOKES OR REVISES24
ANOTHER WILL, NOMINATES A GUARDIAN, OR EXPRESSLY EXCLUDES OR25
LIMITS THE RIGHT OF AN INDIVIDUAL OR CLASS TO SUCCEED TO PROPERTY26
OF THE DECEDENT PASSING BY INTESTATE SUCCESSION .27
HB24-1248
-5- 15-24-103. Construction. (1) T HIS ARTICLE 24 IS DESIGNED TO1
AUTHORIZE ESTATE PLANNING DOCUMENTS TO BE IN ELECTRONIC FORM2
AND ELECTRONICALLY SIGNED. THIS ARTICLE 24 DOES NOT NEGATE OTHER3
STATE LAW REQUIREMENTS THAT MUST BE SATISFIED TO VALIDATE A4
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT . ACCORDINGLY, THIS5
ARTICLE 24 MUST BE CONSTRUED AND APPLIED TO :6
(a) F
ACILITATE THE CREATION OF NON-TESTAMENTARY ESTATE7
PLANNING DOCUMENTS IN ELECTRONIC FORM AND THE ELECTRONIC8
SIGNING OF SUCH DOCUMENTS; AND9
(b) B
E CONSISTENT WITH REASONABLE PRACTICES CONCERNING10
ELECTRONIC DOCUMENTS AND SIGNATURES AND CONTINUED EXPANSION11
OF THOSE PRACTICES.12
PART 213
ELECTRONIC NON-TESTAMENTARY14
ESTATE PLANNING DOCUMENTS15
15-24-201. Scope. (1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF16
THIS SECTION, THIS ARTICLE 24 APPLIES TO AN ELECTRONIC17
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT AND AN ELECTRONIC18
SIGNATURE ON A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT .19
(2) (a) T
HIS ARTICLE 24 DOES NOT APPLY TO A20
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IF THE DOCUMENT21
PRECLUDES USE OF AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE .22
(b) T
HIS ARTICLE 24 DOES NOT AFFECT THE VALIDITY OF AN23
ELECTRONIC RECORD OR ELECTRONIC SIGNATURE THAT IS VALID24
PURSUANT TO THE:25
(I) "U
NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF26
TITLE 24;27
HB24-1248
-6- (II) "UNIFORM ELECTRONIC WILLS ACT", PART 13 OF ARTICLE 111
OF THIS TITLE 15; OR2
(III) T
ERMS OF A RECORD THAT EVIDENCES AN AGREEMENT OR3
OTHER ARRANGEMENT GOVERNING THE TRANSFER OF PROPERTY AT A4
PARTY'S DEATH.5
15-24-202. Principles of law and equity. T
HE LAW OF THIS STATE6
AND PRINCIPLES OF EQUITY APPLICABLE TO A NON-TESTAMENTARY ESTATE7
PLANNING DOCUMENT APPLY TO AN ELECTRONIC NON -TESTAMENTARY8
ESTATE PLANNING DOCUMENT EXCEPT AS MODIFIED BY THIS ARTICLE 24.9
15-24-203. Use of electronic record or signature not required.10
(1) T
HIS ARTICLE 24 DOES NOT REQUIRE A NON-TESTAMENTARY ESTATE11
PLANNING DOCUMENT OR SIGNATURE ON A NON -TESTAMENTARY ESTATE12
PLANNING DOCUMENT TO BE CREATED , GENERATED, SENT,13
COMMUNICATED, RECEIVED, STORED, OR OTHERWISE PROCESSED OR USED14
BY ELECTRONIC MEANS OR IN ELECTRONIC FORM .15
(2) A
PERSON IS NOT REQUIRED TO HAVE A NON-TESTAMENTARY16
ESTATE PLANNING DOCUMENT IN ELECTRONIC FORM OR SIGNED17
ELECTRONICALLY EVEN IF THE PERSON PREVIOUSLY CREATED OR SIGNED18
A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT BY ELECTRONIC19
MEANS.20
(3) A
PERSON MAY NOT WAIVE THE PROVISIONS OF THIS SECTION .21
15-24-204. Recognition of electronic non-testamentary estate22
planning document and electronic signature. (1) A23
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT OR A SIGNATURE ON24
A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT MAY NOT BE DENIED25
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC26
FORM.27
HB24-1248
-7- (2) IF ANOTHER LAW OF THIS STATE REQUIRES A1
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE IN WRITING , AN2
ELECTRONIC RECORD OF THE DOCUMENT SATISFIES THE REQUIREMENT .3
(3) I
F ANOTHER LAW OF THIS STATE REQUIRES A SIGNATURE ON A4
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT , AN ELECTRONIC5
SIGNATURE SATISFIES THE REQUIREMENT .6
15-24-205. Attribution and effect of electronic record and7
electronic signature. (1) A
N ELECTRONIC NON-TESTAMENTARY ESTATE8
PLANNING DOCUMENT OR ELECTRONIC SIGNATURE ON AN ELECTRONIC9
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IS ATTRIBUTABLE TO10
A PERSON IF IT WAS THE ACT OF THE PERSON. THE ACT OF THE PERSON MAY11
BE SHOWN IN ANY MANNER, INCLUDING BY SHOWING THE EFFICACY OF A12
SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE13
ELECTRONIC RECORD OR ELECTRONIC SIGNATURE WAS ATTRIBUTABLE .14
(2) T
HE EFFECT OF ATTRIBUTION TO A PERSON PURSUANT TO15
SUBSECTION (1) OF THIS SECTION OF A DOCUMENT OR SIGNATURE IS16
DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT17
THE TIME OF ITS CREATION, EXECUTION, OR ADOPTION AND AS PROVIDED18
BY OTHER LAW.19
15-24-206. Notarization and acknowledgment. I
F ANOTHER LAW20
OF THIS STATE REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED ,21
ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE REQUIREMENT IS22
SATISFIED WITH RESPECT TO AN ELECTRONIC NON-TESTAMENTARY ESTATE23
PLANNING DOCUMENT IF AN INDIVIDUAL AUTHORIZED TO PERFORM THE24
NOTARIZATION, ACKNOWLEDGMENT , VERIFICATION, OR OATH ATTACHES25
OR LOGICALLY ASSOCIATES THE INDIVIDUAL'S ELECTRONIC SIGNATURE ON26
THE DOCUMENT TOGETHER WITH ALL OTHER INFORMATION REQUIRED TO27
HB24-1248
-8- BE INCLUDED UNDER THE OTHER LAW .1
15-24-207. Witnessing and attestation. I
F ANOTHER LAW OF THIS2
STATE BASES THE VALIDITY OF A NON-TESTAMENTARY ESTATE PLANNING3
DOCUMENT ON WHETHER IT IS SIGNED , WITNESSED, OR ATTESTED BY4
ANOTHER INDIVIDUAL, THE SIGNATURE, WITNESSING, OR ATTESTATION OF5
THAT INDIVIDUAL MAY BE ELECTRONIC .6
15-24-208. Retention of electronic record - original.7
(1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, IF ANOTHER8
LAW OF THIS STATE REQUIRES AN ELECTRONIC NON -TESTAMENTARY9
ESTATE PLANNING DOCUMENT TO BE RETAINED , TRANSMITTED, COPIED, OR10
FILED, THE REQUIREMENT IS SATISFIED BY RETAINING , TRANSMITTING,11
COPYING, OR FILING AN ELECTRONIC RECORD THAT :12
(a) A
CCURATELY REFLECTS THE INFORMATION IN THE DOCUMENT13
AFTER IT WAS FIRST GENERATED IN FINAL FORM AS AN ELECTRONIC14
RECORD OR PURSUANT TO SECTION 15-24-209; AND15
(b) R
EMAINS ACCESSIBLE TO THE EXTENT REQUIRED BY THE OTHER16
LAW.17
(2) A
REQUIREMENT PURSUANT TO SUBSECTION (1) OF THIS18
SECTION TO RETAIN A RECORD DOES NOT APPLY TO INFORMATION THE19
SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT ,20
COMMUNICATED, OR RECEIVED.21
(3) A
PERSON MAY SATISFY SUBSECTION (1) OF THIS SECTION BY22
USING THE SERVICES OF ANOTHER PERSON .23
(4) I
F ANOTHER LAW OF THIS STATE REQUIRES A24
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE PRESENTED OR25
RETAINED IN ITS ORIGINAL FORM , OR PROVIDES CONSEQUENCES IF A26
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IS NOT PRESENTED OR27
HB24-1248
-9- RETAINED IN ITS ORIGINAL FORM, AN ELECTRONIC RECORD RETAINED IN1
ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION SATISFIES THE OTHER2
LAW.3
(5) T
HIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY4
FROM SPECIFYING REQUIREMENTS FOR THE RETENTION OF A RECORD5
SUBJECT TO THE AGENCY'S JURISDICTION IN ADDITION TO THOSE IN THIS6
SECTION. IN THIS SECTION, "GOVERNMENTAL AGENCY " MEANS AN7
EXECUTIVE, LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD,8
COMMISSION, AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE9
FEDERAL GOVERNMENT OR OF A STATE OR OF A COUNTY , MUNICIPALITY,10
OR OTHER POLITICAL SUBDIVISION OF A STATE.11
15-24-209. Certification of paper copy. A
N INDIVIDUAL MAY12
CREATE A CERTIFIED PAPER COPY OF AN ELECTRONIC NON -TESTAMENTARY13
ESTATE PLANNING DOCUMENT BY AFFIRMING UNDER PENALTY OF PERJURY14
THAT THE PAPER COPY IS A COMPLETE AND ACCURATE COPY OF THE15
DOCUMENT.16
15-24-210. Admissibility in evidence. E
VIDENCE RELATING TO17
AN ELECTRONIC NON-TESTAMENTARY ESTATE PLANNING DOCUMENT OR18
AN ELECTRONIC SIGNATURE ON THE DOCUMENT MAY NOT BE EXCLUDED19
IN A PROCEEDING SOLELY BECAUSE IT IS IN ELECTRONIC FORM .20
15-24-211. Protection of persons without knowledge of21
non-testamentary estate planning documents. I
F A PERSON ACTING IN22
GOOD FAITH HAS NO ACTUAL KNOWLEDGE OF AN ELECTRONIC23
NON-TESTAMENTARY ESTATE PLANNING DOCUMENT , THEN THE PERSON IS24
NOT LIABLE FOR ACTS PERFORMED IN GOOD FAITH AND MAY PRESUME25
THAT THE DOCUMENT DOES NOT EXIST .26
PART 327
HB24-1248
-10- (Reserved)1
PART 42
MISCELLANEOUS PROVISIONS3
15-24-401. Uniformity of application and construction. I
N4
APPLYING AND CONSTRUING THIS UNIFORM ACT , A COURT SHALL CONSIDER5
THE PROMOTION OF UNIFORMITY OF THE LAW AMONG JURISDICTIONS THAT6
ENACT IT.7
15-24-402. Relation to electronic signatures in global and8
national commerce act. T
HIS ARTICLE 24 MODIFIES, LIMITS, OR9
SUPERSEDES THE FEDERAL "ELECTRONIC SIGNATURES IN GLOBAL AND10
N
ATIONAL COMMERCE ACT", 15 U.S.C. SEC. 7001 ET SEQ., AS AMENDED,11
BUT DOES NOT MODIFY, LIMIT, OR SUPERSEDE 15 U.S.C. SECTION 7001(c),12
OR AUTHORIZE ELECTRONIC DELIVERY OF ANY OF THE NOTICES DESCRIBED13
IN 15 U.S.C. SECTION 7003(b).14
15-24-403. Transitional provision. (1) T
HIS ARTICLE 24 APPLIES15
TO AN ELECTRONIC NON-TESTAMENTARY ESTATE PLANNING DOCUMENT16
CREATED, SIGNED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR17
STORED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.18
(2) T
HIS ARTICLE 24 APPLIES TO THE WILL OF A DECEDENT WHO19
DIES ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.20
SECTION 2. Act subject to petition - effective date. This act21
takes effect January 1, 2025; except that, if a referendum petition is filed22
pursuant to section 1 (3) of article V of the state constitution against this23
act or an item, section, or part of this act within the ninety-day period24
after final adjournment of the general assembly, then the act, item,25
section, or part will not take effect unless approved by the people at the26
HB24-1248
-11- general election to be held in November 2024 and, in such case, will take1
effect on the date of the official declaration of the vote thereon by the2
governor.3
HB24-1248
-12-