Arizona Laws 14-13102. Definitions
In this chapter, unless the context otherwise requires:
Terms Used In Arizona Laws 14-13102
- 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 Arizona Laws 14-13102
- Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Arizona Laws 14-13102
- Application: means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. See Arizona Laws 14-1201
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Carries: means engages in the transmission of an electronic communication. See Arizona Laws 14-13102
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Conservator: means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court: means the superior court. See Arizona Laws 14-13102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
- Digital asset: means an electronic record in which an individual has a right or interest. See Arizona Laws 14-13102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
- Electronic record: means a record that is created, generated, sent, communicated, received or stored by electronic means. See Arizona Laws 14-1201
- Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Arizona Laws 14-13102
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Arizona Laws 14-13102
- Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Arizona Laws 14-13102
- Person: means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity. See Arizona Laws 14-13102
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Arizona Laws 14-13102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Arizona Laws 14-13102
- Property: includes both real and personal property. See Arizona Laws 1-215
- Protected person: means an individual for whom a conservator has been appointed. See Arizona Laws 14-13102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 14-13102
- Remote-computing service: means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 United States Code § 2510(14). See Arizona Laws 14-13102
- Special administrator: means a personal representative as described by sections 14-3614 through 14-3618. See Arizona Laws 14-1201
- State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
- Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Arizona Laws 14-1201
- Tangible medium: means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed. See Arizona Laws 14-1201
- Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Arizona Laws 14-13102
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Arizona Laws 14-13102
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
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 granted authority under a durable or nondurable power of attorney.
3. "Carries" means engages in the transmission of an electronic communication.
4. "Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.
5. "Conservator" means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K.
6. "Content of an electronic communication" means information concerning the substance or meaning of the communication that meets all of the following requirements:
(a) Has been sent or received by a user.
(b) Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public.
(c) Is not readily accessible to the public.
7. "Court" means the superior court.
8. "Custodian" means a person that carries, maintains, processes, receives or stores a digital asset of a user.
9. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.
10. "Digital asset" means an electronic record in which an individual has a right or interest. Digital asset does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
11. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
12. "Electronic communication" has the same meaning prescribed in 18 United States Code § 2510(12).
13. "Electronic-communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.
14. "Fiduciary" means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K.
15. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.
16. "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
17. "Person" means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity.
18. "Personal representative" means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter.
19. "Power of attorney" means a record that grants an agent authority to act in the place of a principal.
20. "Principal" means an individual who grants authority to an agent in a power of attorney.
21. "Protected person" means an individual for whom a conservator has been appointed. Protected person includes an individual for whom an application for the appointment of a conservator is pending.
22. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
23. "Remote-computing service" means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 United States Code § 2510(14).
24. "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian.
25. "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. Trustee includes a successor trustee.
26. "User" means a person that has an account with a custodian.
27. "Will" includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.