Title 12, Probate Law
9 chapters · 338 sections in this title.
ORS 119.006 Definitions for ORS 119.006 to 119.081
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As used in ORS 119.006 to 119.081: (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 a person design…
ORS 119.011 Authority of custodian
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(1) When disclosing digital assets of a user under ORS 119.006 to 119.081, the custodian may, in the custodians sole discretion: (a) Grant a fiduciary or designated recipient full access to the users account; (b) Grant a fiduciary or designated recipient partial access to the u…
ORS 119.016 Use of online tool to direct disclosure
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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 users digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…
ORS 119.021 Disclosure of content of electronic communications to personal representative
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If a deceased user consented to, or a court directs, disclosure of the content 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 i…
ORS 119.026 Disclosure of catalog of electronic communications to personal representative
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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 catalog of electronic communications sent or received by the user and digital assets, other than th…
ORS 119.032 Disclosure of content of electronic communications to agent designated in power of attorney
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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…
ORS 119.036 Disclosure of catalog of electronic communications to agent designated in power of attorney
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Unless otherwise ordered by the court, directed by the principal or provided in 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 communications sent…
ORS 119.042 Disclosure to trustee who 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 catalog of electronic communications of the trustee and the content of electron…
ORS 119.046 Disclosure of content of electronic communications to trustee who is not original user
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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 successor user and carried, maintai…
ORS 119.052 Disclosure of catalog of electronic communications to trustee who is not original user
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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 catalog of electronic communications sent or received by an original or successor user and stored, carried or m…
ORS 119.056 Disclosure to conservator; court order
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(1) After an opportunity for a hearing, 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 the conservator the catalog of electronic communications …
ORS 119.062 Duties and authority of fiduciary
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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 fiduciarys or designated recipients authority with…
ORS 119.066 Requests to disclose digital assets or terminate account; custodians duty to comply; court order; immunity from liability
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(1) Not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, a custodian shall comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary …
ORS 119.071 Rights of custodians, users, fiduciaries and designated recipients
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(1) ORS 119.006 to 119.081 do 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) ORS 119.006 to 119.081 do not give a fiduciary or a designated recipient any new or expanded rights other than …
ORS 119.076 Uniformity of application and construction
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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 the enacting states. [2016 c.19 §17]
ORS 119.081 Effect on other laws
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ORS 119.006 to 119.081 modify, limit or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do 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). …
ORS 119.086 Short title
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ORS 119.006 to 119.081 may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015). [2016 c.19 §1]