{"data":{"id":"us-ak/as-13.63.120","jurisdiction":"us-ak","citation":"AS 13.63.120","heading":"Fiduciary duty and authority.","body":"(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including\n(1) the duty of care;\n(2) the duty of loyalty; and\n(3) the duty of confidentiality.\n(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user\n(1) except as otherwise provided in AS 13.63.010, is subject to the applicable terms of service;\n(2) is subject to other applicable law, including copyright law;\n(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n(4) may not be used to impersonate the user.\n(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.\n(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, including AS 11.46.200, 11.46.484(a)(3), and 11.46.740.\n(e) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor\n(1) has the right to access the property and any digital asset stored in it; and\n(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and 11.46.740.\n(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.\n(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\n(1) if the user is deceased, a certified copy of the death certificate of the user;\n(2) a certified copy of the letters testamentary of the personal representative, the superior court order, the power of attorney, or the trust instrument giving the fiduciary authority over the account; and\n(3) if requested by the custodian,\n(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n(B) evidence linking the account to the user; or\n(C) a finding by the superior court that the user had a specific account with the custodian, identifiable by the information specified in (A) of this paragraph.","path":["Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions.","Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act."],"source_url":"https://www.akleg.gov/basis/statutes.asp#13.63.120","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:16:54Z","sha256":"2eaf1495e387180d6f4fdf2d5bf4d88aa21786c513f9b8f1e93814f6727fc380","source_id":"us-ak","stale":false,"prev":"us-ak/as-13.63.110","next":"us-ak/as-13.63.130"},"notice":"GroundRules: Original legal text. Not legal advice."}