Title 13 — Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
37 chapters · 866 sections in this title.
AS 13.63.010 User direction for disclosure of digital assets.
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(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 delete a direction at…
AS 13.63.020 Terms-of-service agreement.
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(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 …
AS 13.63.030 Procedures for disclosing digital assets.
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(a) When disclosing digital assets of a user under this chapter, the custodian may, in 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 sufficie…
AS 13.63.040 Disclosure of content of electronic communications of deceased user.
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If a deceased user consented or a superior 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 u…
AS 13.63.050 Disclosure of other digital assets of deceased user.
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Unless the user prohibited disclosure of digital assets or the superior court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, othe…
AS 13.63.060 Disclosure of content of electronic communications of principal.
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the superior court, a custodian shall disclose to the agent the content if the a…
AS 13.63.070 Disclosure of other digital assets of principal.
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Unless otherwise ordered by the superior court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communica…
AS 13.63.080 Disclosure of digital assets held in trust when trustee is original user.
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Unless otherwise ordered by the superior court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of…
AS 13.63.090 Disclosure of contents of electronic communications held in trust when trustee not original user.
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Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carrie…
AS 13.63.100 Disclosure of other digital assets held in trust when trustee not original user.
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Unless otherwise ordered by the superior court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, ca…
AS 13.63.110 Disclosure of digital assets to conservator of protected person.
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(a) After an opportunity for a hearing under AS 13.26.401 — 13.26.595, the superior court may grant a conservator access to the digital assets of a protected person except that, if the conservator is a guardian with the powers and duties of a conservator under AS 13.26.316(c), th…
AS 13.63.120 Fiduciary duty and authority.
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(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's or designated recipient's authority with …
AS 13.63.130 Custodian compliance and immunity.
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(a) Not later than 60 days after receipt of the information required under AS 13.63.040 — 13.63.120, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to c…
AS 13.63.140 Uniformity of application and construction.
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In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
AS 13.63.150 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, or supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AS 13.63.160 Digital assets coverage.
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In this chapter, a digital asset does not apply to an underlying asset or liability unless the asset or liability is itself an electronic record. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
AS 13.63.170 Application to custodians.
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This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
AS 13.63.190 Definitions.
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In 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 auth…
AS 13.63.195 Short title.
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This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act.