<section number="75A-6-106"><effdate>9/1/2024</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Procedure for disclosing digital assets.</catchline><subsection number="75A-6-106(1)">When disclosing digital assets of a user under this chapter, the custodian may at the custodian's sole discretion:<subsection number="75A-6-106(1)(a)">grant a fiduciary or designated recipient full access to the user's account;</subsection><subsection number="75A-6-106(1)(b)">grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or</subsection><subsection number="75A-6-106(1)(c)">provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.</subsection></subsection><subsection number="75A-6-106(2)">A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.</subsection><subsection number="75A-6-106(3)">A custodian need not disclose under this chapter a digital asset deleted by a user.</subsection><subsection number="75A-6-106(4)">If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:<subsection number="75A-6-106(4)(a)">a subset limited by date of the user's digital assets;</subsection><subsection number="75A-6-106(4)(b)">all of the user's digital assets to the fiduciary or designated recipient;</subsection><subsection number="75A-6-106(4)(c)">none of the user's digital assets; or</subsection><subsection number="75A-6-106(4)(d)">all of the user's digital assets to the court for review in camera.</subsection></subsection></section>