SB16-088 Summary: Revised Uniform Fiduciary Access to Digital Assets Act

• Establishes legal framework allowing fiduciaries (executors, agents, conservators, trustees) to access and manage digital assets of deceased individuals, protected persons, and principals.

• Permits users to direct custodians via online tools whether to disclose or prohibit disclosure of digital assets (including email content) to designated recipients, with such directions overriding conflicting terms-of-service agreements.

• Requires custodians to disclose digital assets to personal representatives of deceased users, agents under power of attorney, trustees, and conservators within 60 days upon receipt of proper documentation.

• Limits applicability to situations where the user resides or resided in Colorado, and excludes employer-owned digital assets and entity-managed digital assets used in ordinary business operations.

• Provides custodians immunity from liability for good faith compliance with the act and allows them to assess reasonable administrative charges for disclosure procedures.