Title XXXIV, Descent, Wills, and Administration of Decedents' Estates
9 chapters · 370 sections in this title.
KRS § 395A.010 Short title
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KRS 395A.010 to 395A.180 may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
KRS § 395A.020 Definitions for chapter
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As used 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 gran…
KRS § 395A.030 Applicability
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(1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2020; (b) A personal representative acting for a decedent who died before, on, or after July 15, 2020; (c) A conservatorship proceeding commenced before, o…
KRS § 395A.040 User direction for disclosure of digital assets
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(1) 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 a…
KRS § 395A.050 Terms-of-service agreement
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(1) 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. (2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the …
KRS § 395A.060 Procedure for disclosing digital assets
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(1) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user's account; (b) Grant a fiduciary or designated recipient partial access to the user's account sufficien…
KRS § 395A.070 Disclosure of content of electronic communications of deceased user
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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 user if th…
KRS § 395A.080 Disclosure of other digital assets of deceased user
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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 …
KRS § 395A.090 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 court, a custodian shall disclose to the agent the content if the agent give…
KRS § 395A.100 Disclosure of other digital assets of principal
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Unless otherwise ordered by the 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 catalogue of electronic communications s…
KRS § 395A.110 Disclosure of digital assets held in trust when trustee is original user
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Unless otherwise ordered by the 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 catalogue of electronic communications of the trustee and the content of electr…
KRS § 395A.120 Disclosure of contents of electronic communications held in trust when trustee is not original user
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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 that is not an original user of an account the content of an electronic communication sent or received by an original or succ…
KRS § 395A.130 Disclosure of other digital assets held in trust when trustee is not original user
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user. Unless otherwise ordered by the 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 catalogue of electronic communications sent or received by an original or successor user and stored, c…
KRS § 395A.140 Disclosure of digital assets to conservator of protected person
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(1) After an opportunity for a hearing under KRS Chapter 387, the court may grant a conservator access to the digital assets of a protected person. (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of elec…
KRS § 395A.150 Fiduciary duty and authority
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(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality. (2) A fiduciary's or designated recipient's authority with…
KRS § 395A.160 Custodian compliance and authority
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(1) Not later than sixty (60) days after receipt of the information required under KRS 395A.070 to 395A.150, 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 fa…
KRS § 395A.170 Uniformity of application and construction
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In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
KRS § 395A.180 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, codified as 15 U.S.C. sec. 7001(c), or authorize electronic delivery of a…