58-4806. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this act, the custodian may at its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act.
(c) A custodian need not disclose under this act a digital asset deleted by a user.
(d) If a user directs or a fiduciary requests a custodian to disclose under this act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1) A subset limited by date of the user's digital assets;
(2) all of the user's digital assets to the fiduciary or designated recipient;
(3) none of the user's digital assets; or
(4) all of the user's digital assets to the court for review in camera.
History: L. 2017, ch. 19, ยง 6; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 48 - Revised Uniform Fiduciary Access To Digital Assets Act (2015)
58-4804 User direction for disclosure of digital assets.
58-4805 Terms-of-service agreement.
58-4806 Procedure for disclosing digital assets.
58-4807 Disclosure of content of electronic communications of deceased user.
58-4808 Disclosure of other digital assets of deceased user.
58-4809 Disclosure of content of electronic communications of principal.
58-4810 Disclosure of other digital assets of principal.
58-4811 Disclosure of digital assets held in trust when trustee is original user.
58-4813 Disclosure of other digital assets held in trust when trustee is not original user.
58-4814 Disclosure of digital assets to guardian or conservator of ward or conservatee.
58-4815 Fiduciary duty and authority.
58-4816 Custodian compliance and immunity.
58-4817 Uniformity of application and construction.
58-4818 Relation to electronic signatures in global and national commerce act.