2019 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents’ Estates
Section 45a-334g - Procedure for disclosing digital assets.
(a) When disclosing digital assets of a user under sections 45a-334b to 45a-334s, inclusive, the custodian may, at its sole discretion:
(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; or
(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 sections 45a-334b to 45a-334s, inclusive. A custodian that is a financial institution, as defined in section 36a-41, may charge a fee that is set forth in such institution’s deposit agreement with a customer.
(c) A custodian need not disclose under any provision of sections 45a-334b to 45a-334s, inclusive, a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under any provision of sections 45a-334b to 45a-334s, inclusive, 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 on the custodian, the custodian or fiduciary may seek an order from the court to disclose:
(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; or
(4) All of the user’s digital assets to the court for review in camera for the purpose of permitting the court to issue an order pursuant to sections 45a-334b to 45a-334s, inclusive.
(P.A. 16-145, S. 6; P.A. 17-91, S. 14.)
History: P.A. 17-91 amended Subsec. (b) by adding provision re custodian that is financial institution may charge fee that is set forth in deposit agreement with customer, effective July 1, 2017.
