{"data":{"id":"us-mo/mo.-rev.-stat.-472.470","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 472.470","heading":"Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account.","body":"1. 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.\n2. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n(1) Except as otherwise provided in section 472.415, is subject to the applicable terms-of-service agreement;\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.\n3. 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.\n4. 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 Missouri law on unauthorized computer access.\n5. 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 Missouri law on unauthorized computer access.\n6. 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.\n7. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall 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 letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and\n(3) If requested by the custodian for the purpose of identifying the correct account of the correct user:\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 court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision.","path":["Title XXXI - TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY","Chapter 472 - Probate Code — General Provisions"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=472.470","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:28Z","sha256":"29bf03916c30880578aa70074fd8566a8598ff8a7edc6e8009a63536b6ffa17c","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-472.465","next":"us-mo/mo.-rev.-stat.-472.475"},"notice":"GroundRules: Original legal text. Not legal advice."}