HB2253 Summary: Revised Uniform Fiduciary Access to Digital Assets Act

• Adopts the Revised Uniform Fiduciary Access to Digital Assets Act as Arkansas Code Title 28, Chapter 75, establishing procedures for fiduciaries and designated recipients to access digital assets of users, decedents, principals, and wards.

• Allows users to direct custodians through online tools to disclose or prohibit disclosure of digital assets and electronic communications, with directions made via online tool overriding contrary provisions in wills, trusts, powers of attorney, or terms-of-service agreements.

• Requires custodians to comply with disclosure requests from personal representatives, agents, trustees, and guardians of the estate within 30 days when proper documentation is provided, including death certificates, court orders, or powers of attorney.

• Custodians may disclose digital assets through full access, partial access, or copies of assets that were accessible to the user, and may assess reasonable administrative charges and deny requests if undue burden would result or if lawful access to the account occurs after the request.

• Establishes that fiduciary duties of care, loyalty, and confidentiality apply to digital assets, prohibits fiduciaries from impersonating users, and provides custodians immunity from liability for good faith compliance with the act.