§ 14-13101 Short title
§ 14-13102 Definitions
§ 14-13103 Applicability
§ 14-13104 User direction for disclosure of digital assets
§ 14-13105 Terms-of-service agreement
§ 14-13106 Procedure for disclosing digital assets
§ 14-13107 Disclosure of content of electronic communications of deceased user
§ 14-13108 Disclosure of other digital assets of deceased user
§ 14-13109 Disclosure of content of electronic communications of principal
§ 14-13110 Disclosure of other digital assets of principal
§ 14-13111 Disclosure of digital assets held in trust when trustee is original user
§ 14-13112 Disclosure of contents of electronic communications held in trust when trustee is not original user
§ 14-13113 Disclosure of other digital assets held in trust when trustee is not original user
§ 14-13114 Disclosure of digital assets to conservator of protected person
§ 14-13115 Fiduciary duty and authority
§ 14-13116 Custodian compliance and immunity
§ 14-13117 Uniformity of application and construction
§ 14-13118 Relation to electronic signatures in global and national commerce act
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Terms Used In Arizona Laws > Title 14 > Chapter 13 > Article 1 - General Provisions

  • 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. See Arizona Laws 14-13102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Arizona Laws 14-13102
  • Application: means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. See Arizona Laws 14-1201
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Carries: means engages in the transmission of an electronic communication. See Arizona Laws 14-13102
  • 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. See Arizona Laws 14-13102
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Conservator: means a person appointed by a court to manage the estate of a living individual and includes a limited conservator and a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following requirements:

    (a) Has been sent or received by a user. See Arizona Laws 14-13102

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the superior court. See Arizona Laws 14-13102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
  • Decedent: A deceased person.
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Arizona Laws 14-13102
  • Digital asset: means an electronic record in which an individual has a right or interest. See Arizona Laws 14-13102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
  • Electronic record: means a record that is created, generated, sent, communicated, received or stored by electronic means. See Arizona Laws 14-1201
  • Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Arizona Laws 14-13102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K. See Arizona Laws 14-13102
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Arizona Laws 14-13102
  • Letters: includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. See Arizona Laws 14-1201
  • 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. See Arizona Laws 14-13102
  • Person: means an individual, an estate, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency or instrumentality or any other legal entity. See Arizona Laws 14-13102
  • Personal representative: means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter. See Arizona Laws 14-13102
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Arizona Laws 14-13102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Arizona Laws 14-13102
  • Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Protected person: means an individual for whom a conservator has been appointed. See Arizona Laws 14-13102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 14-13102
  • 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 United States Code § 2510(14). See Arizona Laws 14-13102
  • Special administrator: means a personal representative as described by sections 14-3614 through 14-3618. See Arizona Laws 14-1201
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
  • Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Arizona Laws 14-1201
  • Tangible medium: means a medium on which information may be inscribed by writing, typing, printing or similar means and that is perceivable by reading directly from the medium on which the information is inscribed. See Arizona Laws 14-1201
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Arizona Laws 14-13102
  • Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Arizona Laws 14-13102
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • User: means a person that has an account with a custodian. See Arizona Laws 14-13102
  • Will: includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. See Arizona Laws 14-13102
  • Writing: includes printing. See Arizona Laws 1-215