Virginia Code 64.2-120: Procedure for disclosing digital assets.
A. When disclosing digital assets of a user under this article, the custodian may, at its sole discretion:
Terms Used In Virginia Code 64.2-120
- 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 Virginia Code 64.2-116
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the circuit court for the county or city having jurisdiction over the fiduciary in matters relating to the content of this article. See Virginia Code 64.2-116
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See Virginia Code 64.2-116
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Virginia Code 64.2-116
- Digital asset: means an electronic record in which an individual has a right or interest. See Virginia Code 64.2-116
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Virginia Code 64.2-116
- 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 Virginia Code 64.2-116
- User: means a person that has an account with a custodian. See Virginia Code 64.2-116
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; or
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 article.
C. A custodian need not disclose under this article a digital asset deleted by a user.
D. If a user directs or a fiduciary requests a custodian to disclose under this article some, but not all, of the user’s digital assets, the custodian need not 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:
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; or
4. All of the user’s digital assets to the court for review in camera.