Oklahoma § 58-3115 - Fiduciary duties and authority

§ 58-3115. Fiduciary duties and authority

A. The legal duties imposed on a fiduciary charged with

managing tangible property apply to the management of digital

assets, including:

Oklahoma Statutes - Title 58. Probate Procedure

1. The duty of care;

2. The duty of loyalty; and

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 4 of this act, 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; and

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.

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; and

2. Is an authorized user for the purpose of computer fraud and

unauthorized computer access laws.

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:

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

certificate of the user;

2. A certified copy of the letter of appointment of the

representative, court order, power of attorney, or trust giving the

fiduciary authority over the account; and

3. If requested by the custodian:

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, or

c.

a finding by the court that the user had a specific

account with the custodian, identifiable by the

information specified in subparagraph a of paragraph 3

of subsection G of this section.

Added by Laws 2024, c. 115, § 15, eff. Nov. 1, 2024.

Oklahoma Statutes - Title 58. Probate Procedure