Missouri Revised Statutes
Chapter 472 - Probate Code — General Provisions
Section 472.470 - Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account.

Effective - 28 Aug 2018
472.470. Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account. — 1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) The duty of care;
(2) The duty of loyalty; and
(3) The duty of confidentiality.
2. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) Except as otherwise provided in section 472.415, is subject to the applicable terms-of-service agreement;
(2) Is subject to other applicable law, including copyright law;
(3) In the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) May not be used to impersonate the user.
3. 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.
4. 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 Missouri law on unauthorized computer access.
5. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1) Has the right to access the property and any digital asset stored in it; and
(2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Missouri law on unauthorized computer access.
6. 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.
7. 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:
(1) If the user is deceased, a certified copy of the death certificate of the user;
(2) A certified copy of the letter of testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small-estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) If requested by the custodian for the purpose of identifying the correct account of the correct user:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision.
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(L. 2018 H.B. 1250)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXI - Trusts and Estates of Decedents and Persons Under Disability

Chapter 472 - Probate Code — General Provisions

Section 472.005 - Application, when — effect on pending proceedings and rights.

Section 472.010 - Definitions.

Section 472.013 - Fraud under probate code — remedy — procedure.

Section 472.020 - Jurisdiction of probate division of circuit court.

Section 472.025 - State may be party to proceedings — service.

Section 472.030 - Powers of court — executions, when returnable — service of process.

Section 472.040 - Costs.

Section 472.050 - Court open, when — sessions — time for acts.

Section 472.060 - Disqualification of judge.

Section 472.070 - Powers of clerk.

Section 472.075 - Clerk and certain personnel of probate division to be appointed by judge (St. Louis City).

Section 472.080 - Documents filed with court, form — content.

Section 472.090 - Objections to petition, form.

Section 472.100 - Notice — court may require — how delivered.

Section 472.110 - Proof of service.

Section 472.120 - Amendment of proof of service.

Section 472.130 - Waiver of notice.

Section 472.135 - Waiver of legal requirements, when — limitation on waiver.

Section 472.140 - Record kept — adversary probate proceeding defined.

Section 472.141 - Proceedings to be conducted in accordance with rules of procedure — order after action commenced.

Section 472.150 - Vacation and modification of judgments.

Section 472.160 - Appeal — when — grounds for.

Section 472.170 - Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review.

Section 472.180 - Time for appeal.

Section 472.190 - Appeals stayed or consolidated, when.

Section 472.210 - Appeals, procedure.

Section 472.280 - Records of probate division of circuit court — may be kept by means other than bound volumes — reading equipment, index to be provided.

Section 472.290 - Rules of evidence to apply — exceptions — specific rules.

Section 472.300 - Proceedings involving trusts — estates — minors — disabled or incapacitated persons — supervised settlements, procedure.

Section 472.320 - Independent administration of decedents' estates — application of probate code.

Section 472.330 - Approval of act or transaction in best interests of estate.

Section 472.335 - Power of court to confirm and validate acts — acts included.

Section 472.400 - Citation of law.

Section 472.405 - Definitions.

Section 472.410 - Applicability.

Section 472.415 - Disclosure of digital assets, use of online tool to direct custodian — use of will, trust, power of attorney to give direction.

Section 472.420 - Terms-of-service agreement, act not to change or impair access — act does not confer expanded rights — effect of federal law.

Section 472.425 - Authority of custodian — assessment of cost — partial disclosure, authority of custodian — undue burden, court order.

Section 472.430 - Disclosure to personal representative of user's estate, when.

Section 472.435 - Catalogue of electronic communications disclosed to personal representative, when.

Section 472.440 - Disclosure to agent, when.

Section 472.445 - Catalogue of electronic communications, disclosure to agent, when.

Section 472.450 - Disclosures to trustee.

Section 472.455 - Content of electronic communication, disclosure to trustee, when.

Section 472.460 - Catalogue of electronic communications, disclosure to trustee, when.

Section 472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.

Section 472.470 - Fiduciary, legal duties — authority over user's digital assets and property — request to terminate user's account.

Section 472.475 - Time period to comply with disclosure requests — denial of request — court order for disclosure or termination — immunity from liability, when.

Section 472.480 - Construction of act, considerations.

Section 472.485 - Certain federal laws, act's impact on.

Section 472.490 - Severability clause.