HB138 Alabama 2017 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2017

Title

Fiduciaries, Revised Uniform Fiduciary Access to Digital Assets Act, adopted, fiduciaries, duties with regard to computer files, web domains, virtual currency and other digital assets, Secs. 19-1A-1 to 19-1A-18, inclusive, added

Summary

HB138 adopts the Revised Uniform Fiduciary Access to Digital Assets Act to give fiduciaries authority over digital assets and to regulate how digital assets and electronic communications can be disclosed to them.

What This Bill Does

The bill extends a fiduciary's power from managing physical property to include digital assets like accounts, files, domains, and virtual currencies. It creates rules for how custodians must disclose digital assets to fiduciaries or designated recipients, and when owners can restrict or direct disclosure via online tools. It also sets fiduciary duties, limits access to certain electronic communications unless there is consent in a will, trust, or power of attorney, and provides procedures and protections for compliance and potential court involvement. The act becomes effective January 1, 2018.

Who It Affects

• Fiduciaries (executors, administrators, conservators, agents, trustees) who gain authority to manage digital assets, direct or restrict disclosure, and may terminate accounts, subject to duties of care, loyalty, confidentiality and terms-of-service.
• Users and estates (including decedents and protected persons) whose digital assets or electronic communications may be disclosed to fiduciaries or restricted by consent; they may direct disclosure via online tools, and their assets are subject to the custodian's disclosure procedures and potential court oversight.

Key Provisions

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Chapter 1A of Title 19, Code of Alabama 1975.
• Defines key terms such as digital assets, custodian, online tool, fiduciary, personal representative, power of attorney, and content of electronic communications.
• Allows a user to direct disclosure to designated recipients through an online tool, with such directions overriding will/trust/POA if the tool allows modification; absent online directions, disclosure can be directed in a will, trust, or POA, subject to override by terms of service.
• Custodians may disclose to fiduciaries full or partial access, or provide copies of assets, and may charge a reasonable administrative fee; they may refuse to disclose deleted assets unless directed by court.
• Fiduciary duties for digital assets include care, loyalty, and confidentiality; access is limited by terms of service and other laws, and fiduciaries are authorized users for purposes of related laws.
• Courts may order disclosure or account termination and custodians are immune from liability for good-faith actions; the act applies to decedents, protected persons, principals, and settlors in relevant circumstances.
• Effective date: January 1, 2018.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fiduciaries