Estates Code § 2001.202

Sec. 2001.202. AUTHORITY TO TERMINATE ACCOUNT. (a) 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. (b) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in physical or electronic form, and accompanied by: (1) if the user is deceased, a certified copy of the death certificate of the user; and (2) one of the following giving the fiduciary authority over the account: (A) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order; (B) a power of attorney; or (C) the trust instrument. (c) In addition to the items required to accompany a termination request under Subsection (b), the fiduciary shall provide the following if requested by the custodian: (1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; or (3) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subdivision (1). Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017. SUBCHAPTER H. CUSTODIAN COMPLIANCE AND IMMUNITY REGARDING DIGITAL ASSETS