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CO · rules

C.R.P.P. 57

Electronic Wills

activein force · 2021-07-23 – presentact-effective-date

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.

History

Source: Entire rule and comments added and adopted June 17, 2021, effective June 21, 2021; IP, (b), (c), (d), (f), (g), and (h) amended and effective July 23, 2021. COMMENTS [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 - super- sedes both C.R.P .P. 91 and C.R.P .P. 92. ANNOTATION Law reviews. For article, ‘‘Colorado’s New Uniform Electronic Wills Act’’, see 51 Colo. Law. 46 (Feb. 2022).

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
92ccdea3cf7b268d26ccacdda493b214f81681606aa1baa2663b0c35256a3494
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