Section 33-27.1-12. – Disclosure of content of electronic communications held in trust when trustee is not original user.
§ 33-27.1-12. Disclosure of content of electronic communications held in trust when trustee is not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee who or that is not an original user of an account the content of an electronic […]
Section 33-27.1-3. – Applicability.
§ 33-27.1-3. Applicability. (a) This chapter applies to: (1) A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2019; (2) A personal representative acting for a decedent who died before, on, or after July 15, 2019; (3) A guardian or conservator appointed before, on, or after July […]
Section 33-27.1-4. – User direction for disclosure of digital assets.
§ 33-27.1-4. 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 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 delete […]
Section 33-27.1-5. – Terms-of-service agreement.
§ 33-27.1-5. Terms-of-service agreement. (a) This chapter 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 chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the […]
Section 33-27.1-6. – Procedure for disclosing digital assets.
§ 33-27.1-6. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user pursuant to one or more of §§ 33-27.1-7 through 33-27.1-15, 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 […]
Section 33-27.1-7. – Disclosure of content of electronic communications of deceased user.
§ 33-27.1-7. 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 personal representative of the estate of the user the content of an electronic communication sent or received by the […]
Section 33-27.1-8. – Disclosure of other digital assets of deceased user.
§ 33-27.1-8. 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 personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the […]
Section 33-27.1-1. – Short title.
§ 33-27.1-1. Short title. This chapter shall be known and may be cited as “The Revised Uniform Fiduciary Access to Digital Assets Act.” History of Section.P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
Section 33-27.1-2. – Definitions.
§ 33-27.1-2. Definitions. For the purposes of this chapter: (1) “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. (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power […]