Title 59

NRS 722.270 “Trustee” defined. “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee. (Added to NRS by 2017, 155)

NRS 722.280 “User” defined. “User” means a person that has an account with a custodian. (Added to NRS by 2017, 155)

NRS 722.290 “Will” defined. “Will” includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. (Added to NRS by 2017, 155)

NRS 722.300 Applicability. 1. This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2017; (b) A personal representative acting for a decedent who died before, on or after October 1, 2017; (c) A guardianship proce…

NRS 722.310 User direction for disclosure of digital assets. 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 onli…

NRS 722.320 Terms-of-service agreement. 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 expande…

NRS 722.330 Procedure for disclosing digital assets. 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 reci…

NRS 722.340 Disclosure of contents of electronic communications of deceased user. If a deceased user consented to 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 t…

NRS 722.350 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 communicat…

NRS 722.360 Disclosure of content of electronic communications of principal. 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…

NRS 722.370 Disclosure of other digital assets of principal. 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 beha…

NRS 722.380 Disclosure of digital assets held in trust when trustee is original user. 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, inclu…

NRS 722.390 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 that is not an original user of an account t…

NRS 722.400 Disclosure of other digital assets 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 that is not an original user of an account, a catalogue of …

NRS 722.410 Disclosure of digital assets to guardian of protected person. 1. After an opportunity for a hearing under chapter 159, 159A or 160 of NRS, the court may grant a guardian access to the digital assets of a protected person. 2. Unless otherwise ordered by the court or di…

NRS 722.420 Fiduciary duties and authority. 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’…

NRS 722.430 Custodian compliance and immunity. 1. Not later than 60 days after receipt of the information required under NRS 722.340 to 722.420, inclusive, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital asse…

NRS 722.440 Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2017, 161)

NRS 722.450 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that …