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How long does a provider have to answer a fiduciary's request?

Key takeaway

State rules in Pennsylvania, Delaware, Washington, Texas and Wyoming set a 60-day response period for specified digital asset requests. The period depends on the type of request and the information received by the custodian. For business owners, real estate owners and private investors, these rules address digital asset disclosure or account requests, not every request a fiduciary may make to a provider.

State rules set a 60-day period

Pennsylvania, Delaware, Washington, Texas and Wyoming set a 60-day period for the requests their rules cover. Pennsylvania, Washington and Wyoming start the period after the custodian receives required information. Texas addresses a proper disclosure request with required documentation, while Delaware addresses a valid written request.

The covered requests vary by state. Pennsylvania, Washington and Wyoming address disclosure of digital assets or account termination. Texas addresses disclosure, and Delaware requires compliance with a valid written request.

The request and state determine coverage

A fiduciary request falls within these periods only where the named state's rule covers the request and the custodian receives the information or documentation specified. Pennsylvania, Washington and Wyoming address disclosure or account termination, while Texas addresses disclosure with required documentation.

Delaware has an expedited review provision

Delaware provides a separate path for a parent or legal guardian seeking access for a deceased minor. The person may seek expedited court review targeted for resolution within 30 days. The 60-day custodian response period remains a separate rule.

Provider practices can differ from statutory periods

Practitioner experience describes technology companies and digital asset providers as lacking established processes for transitioning accounts. Practitioners say access could take several months and describes fiduciaries submitting paperwork and following up.

Account access also depends on the provider's transition process, according to practitioner experience.

Sources
  • Chapter 39. - Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES, legis.state.pa.us (link)
  • Delaware Code Online, delcode.delaware.gov (link)
  • Chapter 11.120 RCW:, app.leg.wa.gov (link)
  • State Bar of Texas, texasbar.com (link)
  • Document from wyoleg.gov, wyoleg.gov (link)
  • Tips for Managing Digital Assets of a Deceased or Disabled Person, actec.org (link)

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