{"data":{"id":"us-nj/n.j.-stat.-3b-14-61.15","jurisdiction":"us-nj","citation":"N.J. Stat. § 3B:14-61.15","heading":"Fiduciary and designated recipient duty and authority.","body":"15.\tFiduciary and Designated Recipient Duty and Authority.\na.\tThe legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:\n(1)\tthe duty of care;\n(2)\tthe duty of loyalty; and\n(3)\tthe duty of confidentiality.\nb.\tA fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n(1)\texcept as otherwise provided in section 4 of this act, is subject to the applicable terms of service;\n(2)\tis subject to other applicable law, including copyright law;\n(3)\tin the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n(4)\tmay not be used to impersonate the user.\nc.\tA fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated 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.\nd.\tA fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.\ne.\tA fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor:\n(1)\thas the right to access the property and any digital asset stored in it; and\n(2)\tis an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.\nf.\tA 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.\ng.\tA 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)\tif the user is deceased, a copy of the death certificate of the user;\n(2)\ta copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and\n(3)\tif requested by the custodian:\n(a)\ta number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n(b)\tevidence linking the account to the user; or\n(c)\ta finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (a) of this paragraph.\nL.2017, c.237, s.15.","path":["TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"9145b050abc5cf8a1987a5ce10436d8db0c13b7a3533afcc25b21f3d97d7be97","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-3b-14-61.14","next":"us-nj/n.j.-stat.-3b-14-61.16"},"notice":"GroundRules: Original legal text. Not legal advice."}