N.Y. Estates, Powers & Trusts Law § 13-a-2.4: Procedure for disclosing digital assets

§ 13-A-2.4 Procedure for disclosing digital assets

(a) When disclosing digital assets of a user under this article, 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 this article.

(c) A custodian need not disclose under this article a digital asset

deleted by a user.

(d) If a user directs or a fiduciary requests a custodian to disclose

under this article 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.