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§ 3906. Procedure for disclosing digital assets

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 19, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 39. Uniform Fiduciary Access to Digital Assets (Refs & Annos)
Effective: January 19, 2021
20 Pa.C.S.A. § 3906
§ 3906. Procedure for disclosing digital assets
(a) Authority of custodian.--When disclosing digital assets of a user under this chapter, the custodian has the sole discretion to:
(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 which, 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) Charge.--A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) Deleted digital assets.--A custodian need not disclose under this chapter a digital asset deleted by a user.
(d) Segregation.--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 digital assets if segregation of the digital 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 do any of the following:
(1) Disclose a subset limited by date of the user's digital assets.
(2) Disclose all of the user's digital assets to the fiduciary or designated recipient.
(3) Disclose none of the user's digital assets.
(4) Disclose all of the user's digital assets to the court for review in camera.

Credits

2020, July 23, P.L. 684, No. 72, § 2, effective in 180 days [Jan. 19, 2021].
20 Pa.C.S.A. § 3906, PA ST 20 Pa.C.S.A. § 3906
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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