Digital Asset Inventory - Colorado

DIGITAL ASSET INVENTORY

State of Colorado

Prepared Pursuant to C.R.S. § 15-1-1501 et seq. (Colorado Revised Uniform Fiduciary Access to Digital Assets Act)

CONFIDENTIALITY WARNING: This document contains sensitive information regarding digital accounts and assets. Store this document in a secure location, such as a fireproof safe, safe deposit box, or encrypted digital vault. DO NOT include actual passwords, PINs, private keys, or seed phrases in this document. Instead, reference a separate secure credential storage method.

ARTICLE I -- OWNER INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number (last 4 digits): XXX-XX-[____]

Primary Residence Address:
[________________________________]
[________________________________]
City: [________________________________] State: CO Zip: [____]

Primary Telephone: [________________________________]

Primary Email Address: [________________________________]

Date This Inventory Prepared: [__/__/____]

Date Last Updated: [__/__/____]

Colorado Note: Colorado is a separate property (common law) state. Digital assets are generally owned by the individual who acquired them. However, equitable division principles apply in dissolution proceedings. Colorado also recognizes designated beneficiary agreements under C.R.S. § 15-22-104, which may affect digital asset disposition.

ARTICLE II -- DESIGNATED FIDUCIARY FOR DIGITAL ASSETS

Pursuant to C.R.S. § 15-1-1504, the Owner designates the following individual(s) as Fiduciary(ies) authorized to access, manage, and dispose of the Owner's digital assets upon incapacity or death.

Section 2.1 -- Primary Designated Fiduciary

Section 2.2 -- Successor Designated Fiduciary

Section 2.3 -- Scope of Fiduciary Authority

Pursuant to C.R.S. § 15-1-1515, the designated Fiduciary shall have the following authority (check all that apply):

☐ Access the content of electronic communications (email, text, direct messages) per C.R.S. § 15-1-1507
☐ Access other digital assets (non-content) per C.R.S. § 15-1-1508
☐ Access a catalogue of electronic communications only (sender/recipient, date, time)
☐ Manage, distribute, copy, or delete digital assets
☐ Manage cryptocurrency wallets, exchanges, and blockchain-based assets
☐ Manage domain names, websites, and online businesses
☐ Terminate or memorialize social media accounts
☐ Continue or wind down online business operations
☐ Other: [________________________________]

Colorado Legal Note: Under C.R.S. § 15-1-1504, the priority of directions is: (1) an online tool provided by the custodian overrides any contrary provision in an estate planning document; (2) a will, trust, power of attorney, or other record; (3) the custodian's terms of service agreement. Colorado law specifically provides that a custodian may assess a "reasonable administrative charge" for compliance with disclosure requests per C.R.S. § 15-1-1506.

ARTICLE III -- CREDENTIAL ACCESS INSTRUCTIONS

IMPORTANT: Do NOT list actual passwords, PINs, private keys, or seed phrases in this document. Instead, describe how the Fiduciary may locate and access those credentials.

Section 3.1 -- Password Manager

☐ I use a password manager to store my credentials.

Section 3.2 -- Physical Credential Storage

☐ I maintain written credentials in a physical location.

Section 3.3 -- Two-Factor Authentication (2FA) Backup

☐ I use two-factor authentication on one or more accounts.

Section 3.4 -- Encryption Keys

☐ I use encryption for files or devices.

ARTICLE IV -- EMAIL ACCOUNTS

Pursuant to C.R.S. § 15-1-1507, disclosure of the content of electronic communications of a deceased user requires: (1) express user consent in a will, trust, power of attorney, or other record, or (2) a court order. Without such consent, a fiduciary may only access a catalogue of communications under C.R.S. § 15-1-1508.

Disposition Instructions for Email Accounts:
[________________________________]
[________________________________]

ARTICLE V -- SOCIAL MEDIA ACCOUNTS

Online Tool Designations Made:
☐ Facebook Legacy Contact designated: [________________________________]
☐ Google Inactive Account Manager configured: ☐ Yes ☐ No
☐ Apple Legacy Contact designated: [________________________________]
☐ Other platform tools configured: [________________________________]

Special Social Media Instructions:
[________________________________]
[________________________________]

ARTICLE VI -- FINANCIAL ACCOUNTS AND DIGITAL BANKING

ARTICLE VII -- CRYPTOCURRENCY AND BLOCKCHAIN ASSETS

Seed Phrase / Private Key Access:

CRITICAL: Loss of private keys or seed phrases may result in permanent, irrecoverable loss of cryptocurrency assets. Ensure the Fiduciary can access these credentials. Under Colorado's RUFADAA, cryptocurrency held on an exchange is treated as a digital asset subject to custodian disclosure rules; self-custodied crypto requires direct key access.

ARTICLE VIII -- DOMAIN NAMES, WEBSITES, AND ONLINE BUSINESSES

Online Business Accounts (e-commerce, advertising, affiliate):

ARTICLE IX -- CLOUD STORAGE AND DIGITAL FILES

ARTICLE X -- SUBSCRIPTIONS, MEMBERSHIPS, AND RECURRING SERVICES

Loyalty and Rewards Programs:

ARTICLE XI -- DEVICES

Device Access Notes:
[________________________________]
[________________________________]

ARTICLE XII -- LEGAL AUTHORITY AND COLORADO-SPECIFIC PROVISIONS

Section 12.1 -- Governing Law

This Digital Asset Inventory is prepared pursuant to and governed by Colorado's Revised Uniform Fiduciary Access to Digital Assets Act, C.R.S. §§ 15-1-1501 through 15-1-1518, effective August 10, 2016 (enacted as SB16-088).

Section 12.2 -- Priority of User Directions (C.R.S. § 15-1-1504)

Under Colorado law, the priority of directions regarding digital asset disclosure is:

1. Online Tool Direction -- A direction by the user through an online tool provided by the custodian takes highest priority, provided the tool allows modification or deletion of the direction at all times.
2. Estate Planning Document Direction -- A direction in the user's will, trust, power of attorney, or other record.
3. Terms of Service Agreement -- The custodian's terms of service agreement controls if no user direction exists.

Section 12.3 -- Fiduciary Authority Under Colorado Law

• Personal Representative (C.R.S. § 15-1-1507, § 15-1-1508): May request disclosure of digital assets. For content of electronic communications, must provide written request, certified death certificate, certified letters testamentary or administration, and either user consent in a record or a court order.
• Agent Under Power of Attorney (C.R.S. § 15-1-1509, § 15-1-1510): May request disclosure if the power of attorney specifically grants authority over digital assets or if the agent has general authority under C.R.S. § 15-14-501 et seq.
• Trustee (C.R.S. § 15-1-1511 through § 15-1-1513): Authority depends on whether the trustee is the original user and the terms of the trust.
• Conservator (C.R.S. § 15-1-1514): May request disclosure by providing required court documentation.

Section 12.4 -- Content vs. Non-Content Distinction

Colorado's RUFADAA distinguishes between:

• Content of electronic communications: Email body text, message content, attachments. Requires express user consent or court order for fiduciary access.
• Other digital assets (non-content): Files, photos, domain registrations, financial data, cryptocurrency. Generally accessible by fiduciary without additional consent requirements if properly appointed.
• Catalogue of electronic communications: Metadata only (sender, recipient, date, time). Available to fiduciary without content access consent.

Section 12.5 -- Custodian Compliance (C.R.S. § 15-1-1506)

Under Colorado law, a custodian may:

• Assess a reasonable administrative charge for compliance
• Request the fiduciary or designated recipient to provide additional documentation
• Reject a request that the custodian believes is unduly burdensome
• Grant full access, partial access, or provide copies of digital assets at the custodian's discretion per C.R.S. § 15-1-1506

ARTICLE XIII -- SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE XIV -- SIGNATURE AND ACKNOWLEDGMENT

I, the undersigned, declare that the information contained in this Digital Asset Inventory is true and correct to the best of my knowledge as of the date signed below. I understand that this document should be updated regularly and that it supplements but does not replace my will, trust, or power of attorney.

Owner Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

STATE OF COLORADO
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XV -- UPDATE LOG

Best Practice: Review and update this inventory at least annually, or whenever you create, modify, or close a significant digital account or acquire new digital assets.

SOURCES AND REFERENCES

• Colorado Revised Statutes, Title 15, Article 1, Part 15 -- Revised Uniform Fiduciary Access to Digital Assets Act: https://law.justia.com/codes/colorado/title-15/article-1/part-15/
• C.R.S. § 15-1-1515 (Fiduciary Duty and Authority): https://law.justia.com/codes/colorado/title-15/fiduciary/article-1/part-15/section-15-1-1515/
• Colorado General Assembly -- SB16-088: https://leg.colorado.gov/bills/sb16-088
• Uniform Law Commission -- RUFADAA: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• Colorado Bar Association -- Estate Planning Resources: https://www.cobar.org