New Mexico § 46-13-6 - Procedure for disclosing digital assets

§ 46-13-6. Procedure for disclosing digital assets

A. When disclosing digital assets of a user under the Revised Uniform Fiduciary Access

to Digital Assets Act, 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 the Revised Uniform Fiduciary Access to Digital Assets Act. C. A custodian need not disclose under the Revised Uniform Fiduciary Access to Digital

Assets Act a digital asset deleted by a user. D. If a user directs or a fiduciary requests a custodian to disclose under the Revised

Uniform Fiduciary Access to Digital Assets Act 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, 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.