A. This article applies to:

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Terms Used In Virginia Code 64.2-117

  • Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See Virginia Code 64.2-116
  • Decedent: A deceased person.
  • Digital asset: means an electronic record in which an individual has a right or interest. See Virginia Code 64.2-116
  • Personal representative: means an executor, administrator, curator, designated successor or successor under the Virginia Small Estate Act (§ Virginia Code 64.2-116
  • User: means a person that has an account with a custodian. See Virginia Code 64.2-116

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;

4. A guardianship proceeding commenced before, on, or after July 1, 2017; and

5. A trustee acting under a trust created before, on, or after July 1, 2017.

B. This article applies to a custodian if the user resides in the Commonwealth or resided in the Commonwealth at the time of the user’s death.

C. This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.

2017, cc. 33, 80.