§ 64-2-129

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:\n1. The duty of care;\n2. The duty of loyalty; and\n3. The duty of confidentiality.\nB. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:\n1. Except as otherwise provided in § 64.2-118, is subject to the applicable terms-of-service agreement;\n2. Is subject to other applicable law, including copyright law;\n3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and\n4. May not be used to impersonate the user.\nC. 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.\nD. 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 Article 7.1

s 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 Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.\nE. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor:\n1. Has the right to access the property and any digital asset stored in it; and\n2. Is an authorized user for the purposes of computer-fraud and unauthorized computer-access laws, including Article 7.1 (§ 18.2-152.1 et seq.) of Chapter 5 of Title 18.2.\nF. 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.\nG. 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:\n1. If the user is deceased, a certified copy of the death certificate of the user;\n2. A certified copy of the letter of appointment of the representative or a small-estate affidavit or

ompanied by:\n1. If the user is deceased, a certified copy of the death certificate of the user;\n2. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and\n3. If requested by the custodian:\na. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\nb. Evidence linking the account to the user; or\nc. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision a.\n2017, cc. 33, 80.