A. The Revised Uniform Fiduciary Access to Digital Assets Act applies to:

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Terms Used In New Mexico Statutes 46-13-3

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Trustee: A person or institution holding and administering property in trust.

(1)     a fiduciary acting under a will or power of attorney executed before, on or after July 1, 2017;

(2)     a personal representative acting for a decedent who died before, on or after July 1, 2017;

(3)     a conservatorship proceeding commenced before, on or after July 1, 2017; and

(4)     a trustee acting under a trust created before, on or after July 1, 2017. B. The Revised Uniform Fiduciary Access to Digital Assets Act applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.

C. The Revised Uniform Fiduciary Access to Digital Assets Act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.