As used in this chapter:

Terms Used In Ohio Code 2137.01

  • 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 Ohio Code 2137.01
  • Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated as agent, attorney in fact, or otherwise. See Ohio Code 2137.01
  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Carries: means engages in the transmission of an electronic communication. See Ohio Code 2137.01
  • Contract: A legal written agreement that becomes binding when signed.
  • 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 probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
  • Digital asset: means an electronic record in which an individual has a right or interest. See Ohio Code 2137.01
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
  • Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Ohio Code 2137.01
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: means an original, additional, or successor agent, guardian, personal representative, or trustee. See Ohio Code 2137.01
  • guardian: includes , but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111. See Ohio Code 2137.01
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Ohio Code 2137.01
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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 Ohio Code 2137.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. See Ohio Code 2137.01
  • Personal representative: means an executor, administrator, special administrator, or other person acting under the authority of the probate court to perform substantially the same function under the law of this state. See Ohio Code 2137.01
  • Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal. See Ohio Code 2137.01
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Ohio Code 2137.01
  • Probate: Proving a will
  • Property: means real and personal property. See Ohio Code 1.59
  • 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. See Ohio Code 2137.01
  • 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. See Ohio Code 2137.01
  • state: means the state of Ohio. See Ohio Code 1.59
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Ohio Code 2137.01
  • Trustee: includes an original, additional, and successor trustee and a cotrustee. See Ohio Code 2137.01
  • User: means a person that has an account with a custodian. See Ohio Code 2137.01

(A) “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.

(B) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated as agent, attorney in fact, or otherwise.

(C) “Carries” means engages in the transmission of an electronic communication.

(D) “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.

(E) “Content of an electronic communication” means information concerning the substance or meaning of the communication that meets all of the following conditions:

(1) It has been sent or received by a user.

(2) It 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.

(3) It is not readily accessible to the public.

(F) “Court” means the probate court for all matters in which the court has exclusive jurisdiction under section 2101.24 of the Revised Code. “Court” also includes the probate court or the general division of the court of common pleas for matters in which such courts have concurrent jurisdiction under section 2101.24 of the Revised Code.

(G) “Custodian” means a person that carries, maintains, processes, receives, or stores a digital asset of a user.

(H) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user.

(I) “Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

(J) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(K) “Electronic communication” has the same meaning as in 18 U.S.C. 2510 (12), as amended.

(L) “Electronic-communication service” means a custodian that provides to a user the ability to send or receive an electronic communication.

(M) “Fiduciary” means an original, additional, or successor agent, guardian, personal representative, or trustee.

(N)

(1) “Guardian” means any person, association, or corporation appointed by the probate court to have the care and management of the person, the estate, or the person and the estate of an incompetent or minor. When applicable, “guardian” includes, but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111.02 of the Revised Code. “Guardian” also includes both of the following:

(a) An agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code when appointed by the probate court to have the care and management of the person of an incompetent;

(b) A conservator appointed by the probate court in an order of conservatorship issued pursuant to section 2111.021 of the Revised Code.

(2) “Guardian” does not include a guardian under sections 5905.01 to 5905.19 of the Revised Code.

(O) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.

(P) “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.

(Q) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental agency or instrumentality, public corporation, or any other legal or commercial entity.

(R) “Personal representative” means an executor, administrator, special administrator, or other person acting under the authority of the probate court to perform substantially the same function under the law of this state. “Personal representative” also includes a commissioner in a release of assets from administration under section 2113.03 of the Revised Code and an applicant for summary release from administration under section 2113.031 of the Revised Code.

(S) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal.

(T) “Principal” means an individual who grants authority to an agent in a power of attorney.

(U) “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.

(V) “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), as amended.

(W) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.

(X) “Trustee” means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another. “Trustee” includes an original, additional, and successor trustee and a cotrustee.

(Y) “User” means a person that has an account with a custodian.

(Z) “Ward” means any person for whom a guardian is acting or for whom the probate court is acting pursuant to section 2111.50 of the Revised Code. “Ward” includes a person for whom a conservator has been appointed by the probate court in an order of conservatorship issued pursuant to section 2111.021 of the Revised Code.

(AA) “Will” includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments admitted to probate under Chapter 5817. of the Revised Code. “Will” does not include inter vivos trusts or other instruments that have not been admitted to probate.

Amended by 132nd General Assembly File No. TBD, HB 595, §1, eff. 3/22/2019.

Added by 131st General Assembly File No. TBD, HB 432, §1, eff. 4/6/2017.