Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 5001. Short title.
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§ 5001. Short title. This chapter may be cited as the “Fiduciary Access to Digital Assets and Digital Accounts Act.”79 Del. Laws, c. 416, § 1;
12 Del. C. § 5002. Definitions.
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§ 5002. Definitions. As used in this chapter: (1) “Account holder” means a decedent, a disabled person pursuant to Chapter 39 of this title, a principal of a durable personal power of attorney pursuant to Chapter 49A of this title, a settlor of a trust which was revocable until t…
12 Del. C. § 5003. Applicability.
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§ 5003. Applicability. This chapter applies to a grant of authority to a fiduciary over a digital account or a digital asset. Digital assets and digital accounts of an employer regularly used by an employee or contractor in the usual course of business are not subject to the prov…
12 Del. C. § 5004. Control of digital accounts and digital assets by a fiduciary.
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§ 5004. Control of digital accounts and digital assets by a fiduciary. (a) Except as otherwise provided by a governing instrument or court order, a fiduciary may exercise control over any and all rights in digital assets and digital accounts of an account holder, to the extent pe…
12 Del. C. § 5005. Recovery of digital assets and digital accounts from a custodian.
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§ 5005. Recovery of digital assets and digital accounts from a custodian. (a) A fiduciary with authority over digital assets or digital accounts of an account holder under this chapter shall have the same access as the account holder, and is deemed to: (1) Have the lawful consent…
12 Del. C. § 5006. Custodian immunity.
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§ 5006. Custodian immunity. (a) Except as otherwise provided in subsection (b) of this section: (1) A custodian shall accept a valid written request that complies on its face with the requirements of § 5005 of this title; (2) A custodian shall accept a valid written request that …
12 Del. C. § 5007. Relation to Electronic Signatures in Global and National Commerce Act.
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§ 5007. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede § 101(c) of that …