(a) This article applies to:
(1) A fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this article;
(2) A personal representative acting for a decedent who died before, on, or after the effective date of this article;
(3) A conservatorship proceeding commenced before, on, or after the effective date of this article; and
(4) A trustee acting under a trust created before, on, or after the effective date of this article.
(b) This article applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(c) This article does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act
§44-5B-4. User Direction for Disclosure of Digital Assets
§44-5B-5. Terms of Service Agreement
§44-5B-6. Procedure for Disclosing Digital Assets
§44-5B-7. Disclosure of Content of Electronic Communications of Deceased User
§44-5B-8. Disclosure of Other Digital Assets of Deceased User
§44-5B-9. Disclosure of Content of Electronic Communications of Principal
§44-5B-10. Disclosure of Other Digital Assets of Principal
§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§44-5B-13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person
§44-5B-15. Fiduciary Duty and Authority
§44-5B-16. Custodian Compliance and Immunity
§44-5B-17. Uniformity of Application and Construction
§44-5B-18. Relation to Electronic Signatures in Global and National Commerce Act