As used in this act:

1. 1. "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;
2. 2. "Agent" means an attorney-in-fact granted authority under a durable or nondurable power of attorney;
3. 3. "Carries" means engages in the transmission of an electronic communication;
4. 4. "Catalog of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;
5. 5. "Guardian" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian;

6. 6. "Content of an electronic communication" means information concerning the substance or meaning of the communication which:

   1. a. has been sent or received by a user,
   2. b. is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public, and
   3. c. is not readily accessible to the public;
7. 7. "Court" means the court of proper jurisdiction;
8. 8. "Custodian" means a person who carries, maintains, processes, receives, or stores a digital asset of a user;
9. 9. "Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user;
10. 10. "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record;
11. 11. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
12. 12. "Electronic communication" has the meaning set forth in 18 U.S.C., Section 2510(12);
13. 13. "Electronic-communication service" means a custodian that provides a user the ability to send or receive an electronic communication;
14. 14. "Fiduciary" means an original, additional, or successor personal representative, guardian, agent, or trustee;
15. 15. "Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;
16. 16. "Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;
17. 17. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;
18. 18. "Personal representative" means an executor, administrator, special administrator, or person that performs substantially the same function under the laws of this state other than this act;
19. 19. "Power of attorney" means a record that grants an agent authority to act in the place of a principal;
20. 20. "Principal" means an individual who grants authority to an agent in a power of attorney;
21. 21. "Protected person" means an individual for whom a guardian has been appointed. The term includes an individual for whom an application for the appointment of a guardian is pending;
22. 22. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
23. 23. "Remote-computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C., Section 2510(14);
24. 24. "Terms-of-service agreement" means an agreement that controls the relationship between a user and a custodian;
25. 25. "Trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee;
26. 26. "User" means a person who has an account with a custodian; and
27. 27. "Will" includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.

Laws 2024, HB 3778, c. 115, § 2, eff. November 1, 2024.