13-A-1 – Defintions.
§ 13-A-1 Definitions In this article the following terms shall have the following meanings: (a) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (b) “Agent” means a person granted authority to […]
13-A-2.1 – Applicability.
§ 13-A-2.1 Applicability (a) This article applies to: (1) a fiduciary acting under a will, trust or power of attorney executed before, on, or after the effective date of this article; (2) an executor, administrator or personal representative acting for a decedent who died before, on, or after the effective date of this article; (3) […]
13-A-2.2 – User Direction for Disclosure of Digital Assets
§ 13-A-2.2 User direction for disclosure of digital assets (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or […]
13-A-2.3 – Terms-of-Service Agreement
§ 13-A-2.3 Terms-of-service agreement (a) This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or a designated recipient any new or expanded rights other than those held by […]
13-A-2.4 – Procedure for Disclosing Digital Assets
§ 13-A-2.4 Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this article, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user’s account; (2) grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the […]
13-A-3.1 – Disclosure of Content of Electronic Communications of Deceased User
§ 13-A-3.1 Disclosure of content of electronic communications of deceased user If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the executor, administrator or personal representative of the estate of the user the content of an electronic communication sent or […]
13-A-3.2 – Disclosure of Other Digital Assets of Deceased User
§ 13-A-3.2 Disclosure of other digital assets of deceased user Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor, administrator or personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, […]