# Ind. Code § 32-39-2-2: Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-2

## Section

- **Citation:** Ind. Code § 32-39-2-2
- **Heading:** Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-2

## Text

Sec. 2. (a) This article does not change or impair a right of:

(1) a custodian; or

(2) a user;

under a terms-of-service agreement to access and use digital assets of the user.

(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:

(1) for whom the fiduciary or designated recipient acts;

(2) who is represented by the fiduciary or designated recipient; or

(3) whose estate the fiduciary represents or acts for.

(c) A fiduciary's access to a user's digital assets may be modified or eliminated:

(1) by the user;

(2) by federal law; or

(3) by a terms-of-service agreement;

if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.

As added by P.L.137-2016, SEC.14.

## Nearby sections

- [Ind. Code § 32-39-2-1 User direction concerning disclosure of digital asset](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-1.md)
- [Ind. Code § 32-39-2-2 Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-2.md)
- [Ind. Code § 32-39-2-3 Custodian's disclosure of user's digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-3.md)
- [Ind. Code § 32-39-2-4 Disclosure to personal representative of content of deceased user's electronic communication](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-4.md)
- [Ind. Code § 32-39-2-5 Disclosure to personal representative of deceased user's other digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-5.md)
- [Ind. Code § 32-39-2-6 Disclosure to principal's attorney in fact of content of principal's electronic communications](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-6.md)
- [Ind. Code § 32-39-2-7 Disclosure to principal's attorney in fact of principal's other digital assets](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-7.md)
- [Ind. Code § 32-39-2-8 Disclosure of digital assets held in trust to trustee that is an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-8.md)
- [Ind. Code § 32-39-2-9 Disclosure of contents of electronic communications held in trust to trustee that is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-9.md)
- [Ind. Code § 32-39-2-10 Disclosure of other digital assets held in trust to trustee that is not an original user](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-10.md)
- [Ind. Code § 32-39-2-11 Disclosure of digital assets to guardian of protected person](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-11.md)
- [Ind. Code § 32-39-2-12 Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-12.md)
- [Ind. Code § 32-39-2-13 Custodian compliance with request for disclosure of digital assets or termination of account; immunity from liability](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-13.md)
- [Ind. Code § 32-39-2-14 Consideration of need for uniformity among enacting states](https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-2. Check the current official text before relying on it. Not legal advice.