2021 Arizona Revised Statutes
Title 14 - Trusts, Estates and Protective Proceedings
§ 14-13115 - Fiduciary duty and authority

14-13115. Fiduciary duty and authority

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable:

1. The duty of care.

2. The duty of loyalty.

3. The duty of confidentiality.

B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.

2. Is subject to other applicable law, including copyright law.

3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties.

4. May not be used to impersonate the user.

C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316.

E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:

1. Has the right to access the property and any digital asset stored in it.

2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.

F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following:

1. If the user is deceased, a certified copy of the death certificate of the user.

2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.

3. If requested by the custodian any of the following:

(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.

(b) Evidence linking the account to the user.

(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.