Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

B3BD138BFA769CC987258640005BA9A7 Hearing Summary




PUBLIC
BILL SUMMARY For LLS 21-0195: UNIF ELECTRONIC WILLS ACT

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Dec 16, 2020      
Location HCR 0112



LLS 21-0195: Unif Electronic Wills Act - To be introduced as a Commission Bill


09:43:37 AM  
Leticia Maxfield,
CBA Trust & Estates Section and member of the subcommittee
of Trust & Estates and Elder Law attorneys reviewing the Act,
indicated
that CBA Legislative Policy Committee has reviewed the LLS 21-0195 draft
and it supports the introduction of the bill as drafted. The CBA would
like the bill passed as quickly as possible because Colorado will lose
the ability to notarize or execute wills remotely when the recently enacted
remote notarization law, Senate Bill 20-096, goes into effect on December
31, 2020. Senate Bill 20-096, as well as most remote notarization laws,
prohibits remote notarization and the electronic signing of wills. Temporary
rules that provided for electronic wills (e-wills) during the pandemic
will be expiring soon and citizens need to be able to continue to use e-wills
to keep their financial matters in order. Without this Act, attorneys will
need to use the harmless error doctrine in district court to probate an
e-will. Commissioner Morris highlighted a couple of technical issues to
address regarding the official comments section and an "except"
clause. The commission thanked the CBA for their work and support on the
Act.
09:53:35 AM  
Commissioner Gardner
moved to introduce LLS21-0195: Uniform Electronic Wills Act as a commission
bill, with section 3 removed and with any technical amendments needed.
Commissioner Morris seconded and the motion passed 8-0, with 1 excused.
Commissioner Gardner agreed to act as prime sponsor of the bill in the
Senate. Commissioner Tipper agreed to reach out to House members to find
a House prime sponsor.


09:53:36 AM
Motion Moved to introduce LLS 21-0195: Uniform Electronic Wills Act as a commission bill, with section three removed and with any technical amendments needed.
Moved Gardner
Seconded
Alicia Duran Excused
Thomas Grimshaw Excused
Donald Mielke Yes
Thomas Morris Yes
Charley Pike Yes
Sara Scott Yes
Tipper Yes
Joseph Whitfield Yes
Gardner Yes
Claire Levy Yes
YES: 8   NO: 0   EXC: 2   ABS:  0   FINAL ACTION:  PASS






COVID-19 Resources
NORTH ENTRANCE IS CURRENTLY CLOSED.  TO ENTER THE CAPITOL, USE THE SOUTH ENTRANCE, UNDER THE STAIRS, AT 14th AVENUE AND SHERMAN STREET.