Arizona Laws 14-13106. Procedure for disclosing digital assets
A. When disclosing digital assets of a user under this chapter, the custodian, at its sole discretion, may do any of the following:
Terms Used In Arizona Laws 14-13106
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the 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
- 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
- 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
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
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 need not 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 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 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.