DE HB345

Creates new Chapter 50 in Delaware Code establishing the "Fiduciary Access to Digital Assets and Digital Accounts Act" to authorize fiduciaries to access and control digital assets and accounts of deceased persons, incapacitated individuals, and trust beneficiaries.

Defines key terms including "digital asset" (data, emails, documents, audio, video, social media content, etc.), "digital account" (email, social networks, financial accounts, health care accounts, etc.), and "fiduciary" (personal representatives, guardians, agents under power of attorney, trustees, and advisers).

Requires custodians to provide fiduciaries access to digital assets and accounts within 30 days of receiving a valid written request accompanied by certified copies of appropriate legal documents (letters testamentary, court orders, power of attorney, trust certification, or governing instrument).

Provides custodian immunity from liability when acting in good faith and accepting valid written requests that comply on their face with statutory requirements, except when custodians have actual knowledge the fiduciary lacks authority or when transaction would violate applicable law or end user license agreements.

Amends Delaware Code sections governing personal powers of attorney, guardianships, and trustee powers to expressly grant fiduciaries authority under the new chapter; effective January 1, 2015.