Indiana § 32-39-2-3 - Custodian's disclosure of user's digital assets
Full text of Indiana Indiana Code § 32-39-2-3 — Custodian's disclosure of user's digital assets, with citation guidance and answers to common questions.
§ 32-39-2-3. Custodian's disclosure of user's digital assets
Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian's sole discretion, may:
(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 of a record of any digital asset that, on the date on which the custodian received the request for disclosure, the user could have accessed if the user:
(A) were alive;
(B) had full capacity; and
(C) had access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c) A custodian need not disclose under this chapter a digital asset that has been deleted by a user.
(d) Subject to subsection (e), if:
(1) a user directs a custodian to disclose to a fiduciary or designated recipient; or
(2) a fiduciary or designated recipient requests disclosure by a custodian of;
some, but not all, of the user's digital assets under this chapter, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian.
(e) If a custodian believes that a direction or request for the disclosure of some but not all of a user's digital assets as described in subsection (d) would impose an undue burden on the custodian, the custodian or fiduciary may seek an order from a court for the custodian:
(1) to disclose:
(A) a subset of the user's digital assets limited by date of the user's digital assets;
(B) all of the user's digital assets; or
(C) none of the user's digital assets;
to the fiduciary or designated recipient; or
(2) to disclose all of the user's digital assets to the court for review in camera.
As added by P.L.137-2016, SEC.14.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 32-39-2-3
What does Indiana Code § 32-39-2-3 cover?
Section 32-39-2-3 ("Custodian's disclosure of user's digital assets") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 32-39-2-3?
A common citation format is "Indiana Code § 32-39-2-3" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 32-39-2-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.