{"data":{"id":"us-wv/w.-va.-code-44-5b-4","jurisdiction":"us-wv","citation":"W. Va. Code § 44-5B-4","heading":"User direction for disclosure of digital assets.","body":"(a) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.\n(b) If a user has not used an online tool to give direction under §44B-5B-3(a) of this code or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.\n(c) A user’s direction under §44-5B-4(a) or §44-5B-4(b) of this code overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.","path":["CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.","ARTICLE 5B. WEST VIRGINIA UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT."],"source_url":"https://code.wvlegislature.gov/44-5B-4/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:33Z","sha256":"d865d8eefba777e6d76933ac2a099f9bcafc36213a29bea9b8e4981775567e9d","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44-5b-3","next":"us-wv/w.-va.-code-44-5b-5"},"notice":"GroundRules: Original legal text. Not legal advice."}