HB 5367 Summary

• Amends the Estates and Protected Individuals Code to grant personal representatives explicit authority over decedents' digital property, including the right to access, control, and exercise dominion over digital assets subject to applicable terms-of-service agreements and state and federal law.

• Requires digital custodians to comply with personal representatives' written requests for access to, ownership of, or copies of digital assets within 56 days of receiving a certified copy of letters testamentary, with court petition available if custodian fails to comply.

• Allows personal representatives to maintain legal action to gain access to or exercise control over digital property in accordance with the new procedures established in the bill.

• Creates a court petition process allowing interested estate parties to file for orders limiting or eliminating a personal representative's power over digital property, with hearings scheduled 14 to 56 days after petition filing.

• Provides that digital custodians incur no liability for actions taken in compliance with the bill's requirements regarding personal representative access to digital assets.