HI HB745

Enacts the Uniform Fiduciary Access to Digital Assets Act in Hawaii, establishing procedures for fiduciaries (personal representatives, conservators, agents, and trustees) to access digital assets of decedents, protected persons, principals, and settlors.

Grants personal representatives the right to access electronic communications content (where permitted under federal law), communication catalogues, and other digital assets of decedents without court order unless the will provides otherwise.

Allows conservators, agents, and trustees to access digital assets of protected persons, principals, and beneficiaries, with varying levels of access depending on the fiduciary's authority and relationship to the account holder.

Establishes that custodians must comply with fiduciary access requests within 60 days when accompanied by proper documentation (certified letters of appointment, court orders, powers of attorney, or trust instruments).

Voids terms-of-service agreement provisions that limit fiduciary access to digital assets, declaring such restrictions contrary to Hawaii public policy, and provides immunity to custodians who comply in good faith.