Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries § 3915. Fiduciary duty and authority

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Duties.--The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

(1) the duty of care;

(2) the duty of loyalty; and

(3) the duty of confidentiality.

(b) Authority.--A fiduciary's authority with respect to a digital asset of a user:

(1) except as otherwise provided in section 3904 (relating to user direction for disclosure of digital assets), is subject to the applicable terms of service;

(2) is subject to other applicable law, including copyright law;

(3) is limited by the scope of the fiduciary's duties; and

(4) may not be used to impersonate the user.

(c) Access.--A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset:

(1) in which the decedent, protected person, principal or settlor had a right or interest; and

(2) which is not held by a custodian or subject to a terms-of-service agreement.

(d) Authorized user.--A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including 18 Pa.C.S. Ch. 76 (relating to computer offenses).

(e) Tangible personal property.--A fiduciary with authority over the tangible personal property of a decedent, protected person, principal or settlor:

(1) has the right to access the property and any digital asset stored in the property; and

(2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including 18 Pa.C.S. Ch. 76.

(f) Disclosure by custodian.--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.

(g) Termination of account.--A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and be accompanied by:

(1) if the user is deceased, a certified copy of the death certificate of the user;

(2) a certified copy of the letters, court order, power of attorney or trust giving the fiduciary authority over the account; and

(3) if requested by the custodian:

(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(ii) evidence linking the account to the user; or

(iii) a finding by the court that the user had a specific account with the custodian identifiable by the information specified in subparagraph (i).

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Pennsylvania Statutes Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries § 3915. Fiduciary duty and authority - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-20-pacsa-decedents-estates-and-fiduciaries/pa-csa-sect-20-3915/

Read this complete Pennsylvania Statutes Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries § 3915. Fiduciary duty and authority on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Pennsylvania Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard