# Ind. Code § 32-39-2-3: Custodian's disclosure of user's digital assets > Indiana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-3 ## Section - **Citation:** Ind. Code § 32-39-2-3 - **Heading:** Custodian's disclosure of user's digital assets - **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 32-39-2-3 ## Text Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian's sole discretion, may: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) provide a fiduciary or designated recipient a copy of a record of any digital asset that, on the date on which the custodian received the request for disclosure, the user could have accessed if the user: (A) were alive; (B) had full capacity; and (C) had access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset that has been deleted by a user. (d) Subject to subsection (e), if: (1) a user directs a custodian to disclose to a fiduciary or designated recipient; or (2) a fiduciary or designated recipient requests disclosure by a custodian of; some, but not all, of the user's digital assets under this chapter, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian. (e) If a custodian believes that a direction or request for the disclosure of some but not all of a user's digital assets as described in subsection (d) would impose an undue burden on the custodian, the custodian or fiduciary may seek an order from a court for the custodian: (1) to disclose: (A) a subset of the user's digital assets limited by date of the user's digital assets; (B) all of the user's digital assets; or (C) none of the user's digital assets; to the fiduciary or designated recipient; or (2) to disclose all of the user's digital assets to the court for review in camera. 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T32_A39_C2_S32-39-2-3. Check the current official text before relying on it. Not legal advice.