← Back to search

HRS §556A-16

Custodian's duty to follow requests and legal protection

This section tells companies that hold digital accounts (custodians) they must follow a family member's or representative's request to see digital assets or close an account within 60 days. If they don't, the requester can go to court. Custodians are protected from lawsuits if they act in good faith.

courtsfinancial institutionsguardianspersonal representativestrustees

The statute, as written — Custodian compliance and immunity

(a) Not later than sixty days after receipt of the information required under sections 556A-7 through 556A-15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subsection (a) directing compliance shall contain a finding that compliance is not in violation of title 18 U.S.C. section 2702. (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. (e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that: (1) Specifies that an account belongs to the protected person or principal; (2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) Contains a finding required by law other than this chapter. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§556A-7 Getting a deceased person's emails and messages

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.