This section names the part of the law concerning fiduciary access to digital assets. It identifies the act as the Revised Uniform Fiduciary Access to Digital Assets Act.

This section defines key terms related to digital assets and their management after a person’s death. An 'account' refers to an online arrangement for digital assets like emails or social media. 'Custodian' refers to the entity that manages these digital assets, and a 'designated recipient' is someone chosen to oversee these assets. It clarifies what constitutes 'digital assets', such as online files or records, but excludes underlying physical assets unless they're digital records themselves. 'Fiduciary' involves roles like executors or trustees managing another's assets. An 'online tool' is a service allowing a user to specify how their digital assets should be handled posthumously, separate from a terms-of-service agreement. Other terms define roles, like 'agent' or 'conservator', and their legal responsibilities.

This law section outlines when and to whom certain rules about managing assets and responsibilities apply. It includes fiduciaries under wills, personal representatives for deceased individuals, trustees of trusts, custodians of digital assets, conservators, and those acting under a power of attorney, regardless of whether these roles were established before, on, or after specific dates. Importantly, these rules apply in cases involving digital assets if the person lived in the state at their time of death. However, it does not apply to digital assets used by employees as part of their work for an employer.

This law allows users to decide who can access their digital assets, like emails and files, through an online tool or in documents like wills or trusts. If you use an online tool to set your preferences, those choices override any instructions in your will or other legal documents.

If there isn't an online tool available, you can specify your wishes through a will, trust, or similar document. Whatever choice you make, whether through an online tool or other documentation, it can overrule any terms-of-service agreements with digital service providers.

This law section ensures that a user's rights to access and use their digital assets, as outlined in a terms-of-service agreement, are not changed by this law. It clarifies that fiduciaries or designated recipients don't gain any extra rights beyond what the user themselves has. Also, a user, federal law, or a service agreement can change or block a fiduciary's or recipient's access to digital assets unless the user has left specific instructions recognized under a related law.

This section explains how companies that hold your online accounts (custodians) can share your digital assets with someone else if you give them permission. They can either give full access, partial access, or just copies of certain assets, depending on what they decide. Custodians can charge a reasonable fee for doing this, and they don’t have to provide access to deleted items. If separating specific assets is too difficult, they might not comply unless ordered by a court, which can also decide how much information should be shared.

This law explains when the content of a deceased person's electronic communications can be shared. If the person who passed away gave their consent, or if a court orders it, the company holding the communications must provide the content to the deceased person's estate representative. However, the representative must supply certain documents, such as a request for disclosure, the deceased’s death certificate, the representative’s appointment letter, and possibly the deceased's will or a court order. Additional information like account identifiers or evidence connecting the account to the deceased might also be needed.

If someone passes away and hasn't specifically barred access to their digital assets, the person managing their estate (personal representative) can get a list of the deceased's electronic communications and digital assets, except the actual text of communications, unless a court says otherwise. To do this, the personal representative needs to provide the digital account service (custodian) with several documents: a request for disclosure, a certified copy of the death certificate, a certified copy of their appointment as a representative, and possibly more details like account identifiers or evidence connecting the user to the account. If needed, an affidavit or court order might be required to show that accessing these assets is necessary for managing the estate.

This law says that if a trustee wants access to electronic communications tied to a trust account, they need to provide certain documents to the account custodian, unless there's a court order or specific instructions.

The trustee must submit a written request, a death certificate of the person who created the trust, documents showing that the trust creator allowed this disclosure, and a sworn statement that the trust is active and they are the trustee.

If the account custodian asks, the trustee might also need to provide extra details or evidence linking the trust to the account.

If you're not the original user of an account, but a trustee needing access to someone else's online records related to a trust, here's the process. After the person who set up the trust has passed away, the company holding the account must reveal key details of electronic communications and digital assets, but not the content of the messages themselves, if the trust owns them. This requires a written request, the death certificate of the trust's creator, a copy of the trust document, and a statement under oath that you are the acting trustee.

You might also need to provide extra information that the company asks for, like the account number or proof that the trust is linked to the account. This process can only be changed if the court, the account's user, or the trust itself says otherwise.

If someone's power of attorney specifically lets an agent manage their emails or other electronic messages, the company holding those messages has to share them with the agent. However, the agent must provide a written request, the power of attorney document, a sworn statement that the document is still valid, and possibly info to identify the account, like a username or proof it belongs to the person they represent.

This law section outlines how an agent, acting on behalf of someone else (the principal), can access digital assets and a record of the principal's electronic communications. Unless there’s a court order or specific instructions from the principal, the custodian must provide this information if the agent provides certain things: a written request, a power of attorney proving their authority, and a sworn statement confirming the power of attorney is active. Additionally, if the custodian asks, the agent may need to provide account identifiers or proof linking the account to the principal.

This law allows a court to give a conservator access to a conservatee's digital assets after a hearing. The conservator can get records of electronic communications and other digital assets, but not the content of communications, if they provide a written request, court order, and identification details to the company holding the assets. Some parts of this statute are also subject to other specific sections of the law.

This law section outlines how a fiduciary, who manages someone's property, must also manage digital assets like online accounts with the same duties of care, loyalty, and confidentiality.

Fiduciaries must follow the terms-of-service agreements and other laws, like copyright law, when managing these digital assets. They can’t impersonate the user. Fiduciaries can access digital assets not covered by a terms-of-service agreement, but don’t have rights to passwords.

They're considered authorized users under computer access laws when acting within their duties. Custodians of digital assets might give information to fiduciaries, particularly if it's needed to close accounts. If an account needs to be terminated, fiduciaries must provide proof like a death certificate or court order.

This law states that when a fiduciary or designated recipient requests access to someone's digital assets or to close an account, the custodian (like a digital service provider) must respond within 60 days of receiving the necessary information. If the custodian doesn't comply, the fiduciary can ask the court to order compliance, ensuring it doesn't break federal law (specifically, Section 2702 of Title 18 of the U.S. Code). Custodians can inform users about requests made for their digital information, and they can deny requests if there's lawful access after the user's death.

The law allows custodians to ask for a court order ensuring the account is related to the deceased or another legally entitled person and that there’s enough consent for disclosure. Custodians and their employees are protected from liability if they act in good faith, unless they are grossly negligent or engage in serious misconduct.

This part of the law changes or limits some parts of the federal law about electronic signatures, known as the Electronic Signatures in Global and National Commerce Act. However, it does not change certain sections of that federal law, namely Section 101(c), and it also doesn't allow for electronic delivery of specific types of notices mentioned in another section, Section 103(b).

If you're a fiduciary handling the account of someone who has passed away, you can only access the account information under the same rules and conditions that applied when the person was alive. This includes following all licenses, terms of service, and copyright laws.

This law says if one part of the law is found to be invalid or doesn't apply in a specific case, the rest of the law can still be used. This is because each part of the law stands on its own, called 'severability.'