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CO HB1077

Bill

Status

Introduced

1/10/2024

Primary Sponsor

Junie Joseph

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

HB24-1077: Lodged Wills

  • Requires court clerks to retain original lodged wills for 3 years after acceptance if no probate proceeding is filed, or 2 years after estate closure if probate is filed (replacing indefinite retention requirement)

  • Mandates clerks maintain electronic records of all lodged wills for 100 years and accept, preserve, and track contact information for persons delivering wills

  • Establishes notice and return procedures allowing the person who delivered the will (or attorney/personal representative if probate was filed) 30 days to retrieve the original before destruction

  • Deems certified electronic records of lodged wills to be the original will for all legal purposes under Colorado law if the original is destroyed

  • Amends probate procedures to recognize electronic records of wills certified by court clerks as equivalent to original wills or state court administrator-certified copies in formal and informal probate proceedings

Legislative Description

Lodged Wills

Probate, Trusts, & Fiduciaries

Last Action

House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

5/14/2024

Committee Referrals

Appropriations1/23/2024
Judiciary1/10/2024

Full Bill Text

No bill text available