(1)  This chapter applies to:

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Terms Used In Utah Code 75-11-103

  • Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75-11-102
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
  • Decedent: A deceased person.
  • Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75-11-102
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • User: means a person that has an account with a custodian. See Utah Code 75-11-102
(a)  a fiduciary or agent acting under a will or power of attorney executed before, on, or after May 9, 2017;

(b)  a personal representative acting for a decedent who died before, on, or after May 9, 2017;

(c)  a conservatorship or guardianship proceeding commenced before, on, or after May 9, 2017; and

(d)  a trustee acting under a trust created before, on, or after May 9, 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 user’s death.

(3)  This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.

Enacted by Chapter 16, 2017 General Session

Technically renumbered to avoid duplication of section number also enacted in HB21, Chapter 125.