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Rule Change 2021(17)

Colorado Rules of Probate Procedure and Colorado Probate Code Forms Rule 57 Forms 910, 913, 914, 920, 921, 924, and 926

July 23, 2021


Rule 57. Electronic Wills

When an electronic will, as defined by § 15-11-1302(3), C.R.S., is tendered to the court for deposit, lodging or probate, these rules control.

(a) Courts may not accept or receive an electronic will by external media or by any method that requires access to a judicial device pursuant to Chief Justice Directive (CJD) 07-01.

(b) Electronic wills submitted for deposit or lodging with the court must be converted by the proponent to a paper copy and certified as set forth in § 15-11-1309, C.R.S.

(c) Courts are only authorized to accept electronic wills for deposit or lodging that have been converted to a paper copy and are accompanied by a certification as set forth in § 15-11- 1309, C.R.S.

(d) When an electronic will is presented for probate in paper form, it must be submitted with a certification as set forth in § 15-11-1309, C.R.S. When multiple wills have been deposited, lodged, or filed with the court, the court must determine whether probate should proceed formally.

(e) Court staff, in their official capacity, may not notarize or witness an electronic will.

(f) Court staff, in their official capacity, may not create a paper copy of an electronic will for certification as an original as set forth in § 15-11-1309, C.R.S.

(g) Court staff, in their official capacity, may certify as a part of the court’s record, a paper copy of the electronic will lodged with the court, together with its certification as set forth in § 15-11-1309, C.R.S., as described above in (b).

(h) Court staff, in their official capacity, may certify as a part of the court’s record, a paper copy of the electronic will submitted to the court for probate, together with its certification as set forth in § 15-11-1309, C.R.S., as described above in (d).

(i) Court staff, in their official capacity, may certify as part of the court’s record, an electronic will submitted to the court for probate via the Colorado Court’s E-filing (CCE) system. COMMENTS 2021

[1] For limits regarding remote notarization, see § 24-21-514.5(2)(b)(II), C.R.S.

[2] When C.R.P.P. 91 and C.R.P.P. 92 are active due to a public health crisis having been declared by the Governor of Colorado, this Rule 57 governing electronic wills controls— supersedes both C.R.P.P. 91 and C.R.P.P. 92.

Amended and Adopted by the Court, En Banc, July 23, 2021, effective immediately. 

By the Court:

Richard L. Gabriel

Justice, Colorado Supreme Court

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.

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