Nev. Rev. Stat. § 722.010 Short title.
This chapter may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act of 2015.
FIDUCIARY ACCESS TO DIGITAL ASSETS (UNIFORM ACT)
Nev. Rev. Stat. 722
in effectNev. Rev. Stat. § 722.020 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 722.030 to 722.290, inclusive, have the meaning ascribed to them in those sections.
Nev. Rev. Stat. § 722.030 Account defined.
Account means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user.
Nev. Rev. Stat. § 722.040 Agent defined.
Agent means an attorney-in-fact granted authority under a durable or nondurable power of attorney.
Nev. Rev. Stat. § 722.050 Carries defined.
Carries means engages in the transmission of an electronic communication.
Nev. Rev. Stat. § 722.060 Catalogue of electronic communications defined.
Catalogue of electronic communications means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.
Nev. Rev. Stat. § 722.070 Content of an electronic communication defined.
Content of an electronic communication means information concerning the substance or meaning of the communication that:
1. Has been sent or received by a user;
2. Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and
3. Is not readily accessible to the public.
Nev. Rev. Stat. § 722.080 Court defined.
Court means a district court of this State.
Nev. Rev. Stat. § 722.090 Custodian defined.
Custodian means a person that carries, maintains, processes, receives or stores a digital asset of a user.
Nev. Rev. Stat. § 722.100 Designated recipient defined.
Designated recipient means a person chosen by a user using an online tool to administer digital assets of the user.
Nev. Rev. Stat. § 722.110 Digital asset defined.
Digital asset means an electronic record in which a natural person has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
Nev. Rev. Stat. § 722.120 Electronic defined.
Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
Nev. Rev. Stat. § 722.130 Electronic communication defined.
Electronic communication has the meaning set forth in 18 U.S.C. § 2510(12).
Nev. Rev. Stat. § 722.140 Electronic communication service defined.
Electronic-communication service means a custodian that provides to a user the ability to send or receive an electronic communication.
Nev. Rev. Stat. § 722.150 Fiduciary defined.
Fiduciary means an original, additional or successor personal representative, guardian, agent or trustee.
Nev. Rev. Stat. § 722.160 Guardian defined.
Guardian means a person appointed by a court to manage the estate of a living natural person. The term includes a special guardian as defined in NRS 159.026.
Nev. Rev. Stat. § 722.170 Information defined.
Information means data, text, images, videos, sounds, codes, computer programs, software, databases or the like.
Nev. Rev. Stat. § 722.180 Online tool defined.
Online tool means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
Nev. Rev. Stat. § 722.190 Person defined.
Person means a natural person, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
Nev. Rev. Stat. § 722.200 Personal representative defined.
Personal representative means an executor, administrator, special administrator or person that performs substantially the same function under law of this State other than this chapter.
Nev. Rev. Stat. § 722.210 Power of attorney defined.
Power of attorney means a record that grants an agent authority to act in the place of a principal.
Nev. Rev. Stat. § 722.220 Principal defined.
Principal means a natural person who grants authority to an agent in a power of attorney.
Nev. Rev. Stat. § 722.230 Protected person defined.
Protected person means a natural person for whom a guardian has been appointed. The term includes a natural person for whom an application for the appointment of a guardian is pending.
Nev. Rev. Stat. § 722.240 Record defined.
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Nev. Rev. Stat. § 722.250 Remote-computing service defined.
Remote-computing service means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. § 2510(14).
Nev. Rev. Stat. § 722.260 Terms-of-service agreement defined.
Terms-of-service agreement means an agreement that controls the relationship between a user and a custodian.
Nev. Rev. Stat. § 722.270 Trustee defined.
Trustee means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.
Nev. Rev. Stat. § 722.280 User defined.
User means a person that has an account with a custodian.
Nev. Rev. Stat. § 722.290 Will defined.
Will includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument.
Nev. Rev. Stat. § 722.300 Applicability.
1. This chapter applies to:
(a) A fiduciary acting under a will or power of attorney executed before, on or after October 1, 2017;
(b) A personal representative acting for a decedent who died before, on or after October 1, 2017;
(c) A guardianship proceeding commenced before, on or after October 1, 2017; and
(d) A trustee acting under a trust created before, on or after October 1, 2017.
2. This chapter applies to a custodian if the user resides in this State or resided in this State at the time of the users death.
3. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employers business.
Nev. Rev. Stat. § 722.310 User direction for disclosure of digital assets.
1. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the users digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
2. If a user has not used an online tool to give direction under subsection 1 or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record, disclosure to a fiduciary of some or all of the users digital assets, including the content of electronic communications sent or received by the user.
3. A users direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the users assent to the terms of service.
Nev. Rev. Stat. § 722.320 Terms-of-service agreement.
1. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
2. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
3. A fiduciarys or designated recipients access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under NRS 722.310 .
Nev. Rev. Stat. § 722.330 Procedure for disclosing digital assets.
1. When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(a) Grant a fiduciary or designated recipient full access to the users account;
(b) Grant a fiduciary or designated recipient partial access to the users account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(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.
2. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
3. A custodian need not disclose under this chapter a digital asset deleted by a user.
4. If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the users 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:
(a) A subset limited by date of the users digital assets;
(b) All of the users digital assets to the fiduciary or designated recipient;
(c) None of the users digital assets; or
(d) All of the users digital assets to the court for review in camera.
Nev. Rev. Stat. § 722.340 Disclosure of contents of electronic communications of deceased user.
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the court order appointing the representative;
4. Unless the user provided direction using an online tool, a copy of the users will, trust, power of attorney or other record evidencing the users consent to disclosure of the content of electronic communications; and
5. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the users account;
(b) Evidence linking the account to the user; or
(c) A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a);
(2) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. §§ 2701 et seq. or 47 U.S.C. § 222 or other applicable law;
(3) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Nev. Rev. Stat. § 722.350 Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the court order appointing the representative; and
4. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the users account;
(b) Evidence linking the account to the user;
(c) An affidavit stating that disclosure of the users digital assets is reasonably necessary for administration of the estate; or
(d) A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a); or
(2) Disclosure of the users digital assets is reasonably necessary for administration of the estate.
Nev. Rev. Stat. § 722.360 Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
4. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principals account; or
(b) Evidence linking the account to the principal.
Nev. Rev. Stat. § 722.370 Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
4. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principals account; or
(b) Evidence linking the account to the principal.
Nev. Rev. Stat. § 722.380 Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Nev. Rev. Stat. § 722.390 Disclosure of content of electronic communications held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument or a certification of trust pursuant to NRS 164.400 to 164.440 , inclusive, that includes consent to disclosure of the content of electronic communications to the trustee;
3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trusts account; or
(b) Evidence linking the account to the trust.
Nev. Rev. Stat. § 722.400 Disclosure of other digital assets held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument or a certification of trust pursuant to NRS 164.400 to 164.440 , inclusive;
3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trusts account; or
(b) Evidence linking the account to the trust.
Nev. Rev. Stat. § 722.410 Disclosure of digital assets to guardian of protected person.
1. After an opportunity for a hearing under chapter 159 , 159A or 160 of NRS, the court may grant a guardian access to the digital assets of a protected person.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the court order that gives the guardian authority over the digital assets of the protected person; and
(c) If requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(2) Evidence linking the account to the protected person.
3. A guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the protected persons property.
Nev. Rev. Stat. § 722.420 Fiduciary duties and authority.
1. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) The duty of care;
(b) The duty of loyalty; and
(c) The duty of confidentiality.
2. A fiduciarys or designated recipients authority with respect to a digital asset of a user:
(a) Except as otherwise provided in NRS 722.310 , is subject to the applicable terms of service;
(b) Is subject to other applicable law, including copyright law;
(c) In the case of a fiduciary, is limited by the scope of the fiduciarys duties; and
(d) May not be used to impersonate the user.
3. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
4. A fiduciary acting within the scope of the fiduciarys duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of NRS 205.473 to 205.513 , inclusive.
5. A fiduciary with authority over the tangible personal property of a decedent, protected person, principal or settlor:
(a) Has the right to access the property and any digital asset stored in it; and
(b) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws.
6. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
7. A fiduciary of a user may request a custodian to terminate the users account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(a) If the user is deceased, a certified copy of the death certificate of the user;
(b) A certified copy of the court order appointing the representative or the court order, power of attorney or trust giving the fiduciary authority over the account; and
(c) If requested by the custodian:
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the users account;
(2) Evidence linking the account to the user; or
(3) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (1).
Nev. Rev. Stat. § 722.430 Custodian compliance and immunity.
1. Not later than 60 days after receipt of the information required under NRS 722.340 to 722.420 , inclusive, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
2. An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. § 2702.
3. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
4. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciarys request.
5. This chapter does not limit a custodians ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(a) Specifies that an account belongs to the protected person or principal;
(b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) Contains a finding required by law other than this chapter.
6. A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Nev. Rev. Stat. § 722.440 Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Nev. Rev. Stat. § 722.450 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-722.htmlFetched: 10/4/2026