Ohio Code 2137.05 – Procedure of disclosing digital assets
(A) When disclosing digital assets of a user under this chapter, the custodian may, at its sole discretion, do any of the following:
Terms Used In Ohio Code 2137.05
- 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. See Ohio Code 2137.01
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Ohio Code 2137.01
- Digital asset: means an electronic record in which an individual has a right or interest. See Ohio Code 2137.01
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor agent, guardian, personal representative, or trustee. See Ohio Code 2137.01
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Ohio Code 2137.01
- User: means a person that has an account with a custodian. See Ohio Code 2137.01
(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 sufficient to perform the tasks with which the fiduciary or designated recipient is charged;
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(B) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(C) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(D) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the users digital assets, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
(1) A subset limited by date of the user’s digital assets;
(2) All of the user’s digital assets to the fiduciary or designated recipient;
(3) None of the user’s digital assets;
(4) All of the user’s digital assets to the court for review in camera.