AR HB1362

Creates the Uniform Fiduciary Access to Digital Assets Act in Arkansas Code Title 28, Chapter 69, Subchapter 9, establishing rules for fiduciaries to access digital assets of decedents, wards, principals, and beneficiaries.

Grants personal representatives access to electronic communications and digital assets of deceased persons; allows guardians of estates, agents, and trustees similar access rights subject to court orders and terms-of-service agreements.

Requires fiduciaries to provide documentation (certified letters testamentary, court orders, powers of attorney, or trust certificates) when requesting custodian access to digital assets, with custodians required to comply within 30 days.

Voids any terms-of-service agreement provisions that limit fiduciary access to digital assets unless the account holder affirmatively agreed to such limitations after the act's effective date; makes choice-of-law provisions unenforceable when used to circumvent fiduciary access.

Provides immunity to custodians and their officers, employees, and agents for good faith compliance with the act, and clarifies the act modifies but does not supersede the federal Electronic Signatures in Global and National Commerce Act.