Rule 92 - Remote Witnessing of Certain Testamentary Instruments(a) A will, as defined under § 15-10-201(59), C.R.S., that is signed by a testator and attested by two qualified witnesses through the use of real-time audio-video communication, or by one witness in the testator's physical presence and the second qualified witness through the use of real-time audio-video communication, as defined in Rule 91(b)(1), shall constitute a valid attested will under C.R.S. § 15-11-502(1)(c)(I) if each of the following conditions is satisfied: (1) Each of the witnesses must be either (a) a licensed Colorado attorney of whom the testator is a current client within the meaning of the Colorado Rules of Professional Conduct, or (b) if that attorney is a participant in the document's execution, any other lawyer or nonlawyer assistant whose professional activities are regularly performed under the authority of the attorney or the attorney's law firm.(2) The requirements set forth in subsection (b) of Rule 91 must be satisfied and certified with respect to each witness's attestation of the will, subject to the following modifications: A. The certification of a remotely located witness, in the form required by subsection (b)(5)A of Rule 91, must be contained in the will. A separate document of certification by a remotely located witness cannot be used to attest a will under this rule.B. If more than one remotely located witness attests the will, the will must contain multiple certifications.(3) After the will has been signed and attested:A. Within a reasonable time after the will's signing, the original, signed will must be presented to an attorney who has witnessed the will's signing, or who is affiliated with or supervising other witnesses, as provided under subsection (a)(1) of this rule;B. Within a reasonable time after receiving the original, signed will, the attorney must confirm that the document is identical to the will remotely witnessed under subsection (a)(2) of this rule; andC. Within a reasonable period after confirming the will's status under subsection (a)(3)B of this rule:i. The original, signed will must be presented to each witness who remotely attested the will's signing under subsection (a)(2) of this rule; and ii. Each such witness must sign a witness certification in the original will in the same manner as that witness's certification was completed and signed for purposes of subsection (a)(2) of this rule. (b) A will signed and attested in accordance with subsection (a) of this rule is executed as of the date the testator signed the will.(c) If any portion of a will is executed pursuant to this rule, the will must be presented to the court in a formal testacy proceeding pursuant to C.R.S. 15-12-401 et seq.(d) This rule shall be effective during any period in which the Governor of Colorado, by executive order, has formally declared the existence of a public health crisis that, by the terms of such order, requires social or physical distancing throughout Colorado.Adopted April 24, 2020, effective 4/24/2020.Comment
2020
This rule was promulgated by the Colorado Supreme Court's Probate Rules Committee during the COVID-19 pandemic to address issues arising from the Governor's Order D 2020 017, dated March 25, 2020, concerning social and physical distancing.