{"data":{"id":"us-az/a.r.s.-14-13115","jurisdiction":"us-az","citation":"A.R.S. § 14-13115","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 all of the following, if applicable:\n\n1. The duty of care.\n\n2. The duty of loyalty.\n\n3. The duty of confidentiality.\n\nB. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n\n1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service.\n\n2. Is subject to other applicable law, including copyright law.\n\n3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties.\n\n4. May not be used to impersonate the user.\n\nC. 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\nD. 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 section 13-2316.\n\nE. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:\n\n1. Has the right to access the property and any digital asset stored in it.\n\n2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316.\n\nF. 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\nG. 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 all of the following:\n\n1. If the user is deceased, a certified copy of the death certificate of the user.\n\n2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account.\n\n3. If requested by the custodian any of the following:\n\n(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.\n\n(b) Evidence linking the account to the user.\n\n(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.","path":["Title 14 Trusts, Estates and Protective Proceedings"],"source_url":"https://www.azleg.gov/ars/14/13115.htm","current_through":"57th Legislature, 2nd Regular Session (effective 2027-01-01); mirror section count 24991","vintage":"2026-09-15","retrieved_at":"2026-10-26T05:51:13Z","sha256":"120ec0098e34f8a2f22ebeeb5a2b8c80ddeac5ae048559922e159dfb6c8524af","source_id":"us-az","stale":false,"prev":"us-az/a.r.s.-14-13114","next":"us-az/a.r.s.-14-13116"},"notice":"GroundRules: Original legal text. Not legal advice."}