(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

1. (1) the duty of care;
2. (2) the duty of loyalty; and
3. (3) the duty of confidentiality.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

1. (1) except as otherwise provided in section 13-A-2.2, is subject to the applicable terms of service;
2. (2) is subject to other applicable law, including copyright law;
3. (3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
4. (4) may not be used to impersonate the user.

(e) A fiduciary with authority over the tangible, personal property of a decedent, ward, principal, or settlor;

1. (1) has the right to access the property and any digital asset stored in it; and
2. (2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including this state's law on unauthorized computer access.

(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:

1. (1) if the user is deceased, a copy of the death certificate of the user;
2. (2) a certified copy of the letter of appointment of the executor, administrator, or personal representative or a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and

3. (3) if requested by the custodian:

   1. (A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
   2. (B) evidence linking the account to the user; or
   3. (C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item (A).