44-5B-1 Short title
44-5B-2 Definitions
44-5B-3 Applicability
44-5B-4 User direction for disclosure of digital assets
44-5B-5 Terms of service agreement
44-5B-6 Procedure for disclosing digital assets
44-5B-7 Disclosure of content of electronic communications of deceased user
44-5B-8 Disclosure of other digital assets of deceased user
44-5B-9 Disclosure of content of electronic communications of principal
44-5B-10 Disclosure of other digital assets of principal
44-5B-11 Disclosure of digital assets held in trust when trustee is original user
44-5B-12 Disclosure of contents of electronic communications held in trust when trustee not original user
44-5B-13 Disclosure of other digital assets held in trust when trustee not original user
44-5B-14 Disclosure of digital assets to conservator of protected person
44-5B-15 Fiduciary duty and authority
44-5B-16 Custodian compliance and immunity
44-5B-17 Uniformity of application and construction
44-5B-18 Relation to Electronic Signatures in Global and National Commerce Act
44-5B-19 Severability
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Terms Used In West Virginia Code > Chapter 44 > Article 5B - West Virginia Uniform Fiduciary Access to Digital Assets Act

  • 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.
  • 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.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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.
  • Decedent: A deceased person.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • 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.
  • 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
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Trustee: A person or institution holding and administering property in trust.