HB 1214 Summary

• Creates Chapter 47-36 of North Dakota Century Code establishing the Uniform Fiduciary Access to Digital Assets Act, providing a comprehensive framework for accessing and managing digital assets of users, principals, and deceased persons.

• Allows users to direct custodians to disclose digital assets (including electronic communication content) to designated recipients through online tools, which override contrary provisions in wills, trusts, and powers of attorney.

• Establishes procedures for fiduciaries (personal representatives, agents, trustees, conservators, guardians) to request disclosure of digital assets and electronic communications from custodians, with custodians having 60 days to comply.

• Grants custodians discretion to provide full access, partial access, or copies of digital assets, and permits them to assess reasonable administrative charges for disclosure; allows custodians to deny requests if aware of lawful account access following the fiduciary's request.

• Applies fiduciary duties of care, loyalty, and confidentiality to digital asset management; protects custodians and their officers from liability for good faith compliance with the chapter; does not apply to employer digital assets used in ordinary business.