Digital Asset Inventory - District of Columbia

DIGITAL ASSET INVENTORY

District of Columbia

Prepared Pursuant to D.C. Code § 21-2501 et seq. (Uniform Fiduciary Access to Digital Assets Act of 2020)

CONFIDENTIALITY WARNING: This document contains sensitive information regarding digital accounts and assets. Store this document in a secure location, such as a fireproof safe, safe deposit box, or encrypted digital vault. DO NOT include actual passwords, PINs, private keys, or seed phrases in this document. Instead, reference a separate secure credential storage method.

ARTICLE I -- OWNER INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number (last 4 digits): XXX-XX-[____]

Primary Residence Address:
[________________________________]
[________________________________]
Washington, DC [____]

Primary Telephone: [________________________________]

Primary Email Address: [________________________________]

Date This Inventory Prepared: [__/__/____]

Date Last Updated: [__/__/____]

District of Columbia Note: The District of Columbia enacted its Uniform Fiduciary Access to Digital Assets Act of 2020 (D.C. Law 23-189), effective March 16, 2021. The District was among the later jurisdictions to adopt RUFADAA. D.C. is an equitable distribution jurisdiction for marital property. Probate matters are heard in the D.C. Superior Court, Probate Division.

ARTICLE II -- DESIGNATED FIDUCIARY FOR DIGITAL ASSETS

Pursuant to D.C. Code § 21-2504, the Owner designates the following individual(s) as Fiduciary(ies) authorized to access, manage, and dispose of the Owner's digital assets upon incapacity or death.

Section 2.1 -- Primary Designated Fiduciary

Section 2.2 -- Successor Designated Fiduciary

Section 2.3 -- Scope of Fiduciary Authority

Pursuant to D.C. Code § 21-2515, the designated Fiduciary shall have the following authority (check all that apply):

☐ Access the content of electronic communications (email, text, direct messages) per D.C. Code § 21-2507
☐ Access other digital assets (non-content) per D.C. Code § 21-2508
☐ Access a catalogue of electronic communications only (sender/recipient, date, time)
☐ Manage, distribute, copy, or delete digital assets
☐ Manage cryptocurrency wallets, exchanges, and blockchain-based assets
☐ Manage domain names, websites, and online businesses
☐ Terminate or memorialize social media accounts
☐ Continue or wind down online business operations
☐ Other: [________________________________]

D.C. Legal Note: Under D.C. Code § 21-2504, if you have used an online tool provided by a custodian to direct the custodian regarding disclosure of your digital assets, that direction overrides a contrary direction in a will, trust, power of attorney, or other record, provided the online tool allows the user to modify or delete the direction at all times.

ARTICLE III -- CREDENTIAL ACCESS INSTRUCTIONS

IMPORTANT: Do NOT list actual passwords, PINs, private keys, or seed phrases in this document. Instead, describe how the Fiduciary may locate and access those credentials.

Section 3.1 -- Password Manager

☐ I use a password manager to store my credentials.

Section 3.2 -- Physical Credential Storage

☐ I maintain written credentials in a physical location.

Section 3.3 -- Two-Factor Authentication (2FA) Backup

☐ I use two-factor authentication on one or more accounts.

Section 3.4 -- Encryption Keys

☐ I use encryption for files or devices.

ARTICLE IV -- EMAIL ACCOUNTS

Pursuant to D.C. Code § 21-2507, disclosure of the content of electronic communications of a deceased user requires the personal representative to provide: (1) a written request, (2) a certified copy of the death certificate, (3) certified letters testamentary or of administration, a small estate affidavit, or court order, and (4) evidence of user consent unless a court order is obtained.

Disposition Instructions for Email Accounts:
[________________________________]
[________________________________]

ARTICLE V -- SOCIAL MEDIA ACCOUNTS

Online Tool Designations Made:
☐ Facebook Legacy Contact designated: [________________________________]
☐ Google Inactive Account Manager configured: ☐ Yes ☐ No
☐ Apple Legacy Contact designated: [________________________________]
☐ Other platform tools configured: [________________________________]

Special Social Media Instructions:
[________________________________]
[________________________________]

ARTICLE VI -- FINANCIAL ACCOUNTS AND DIGITAL BANKING

ARTICLE VII -- CRYPTOCURRENCY AND BLOCKCHAIN ASSETS

Seed Phrase / Private Key Access:

CRITICAL: Loss of private keys or seed phrases may result in permanent, irrecoverable loss of cryptocurrency assets. Ensure the Fiduciary can access these credentials.

ARTICLE VIII -- DOMAIN NAMES, WEBSITES, AND ONLINE BUSINESSES

Online Business Accounts (e-commerce, advertising, affiliate):

ARTICLE IX -- CLOUD STORAGE AND DIGITAL FILES

ARTICLE X -- SUBSCRIPTIONS, MEMBERSHIPS, AND RECURRING SERVICES

Loyalty and Rewards Programs:

ARTICLE XI -- DEVICES

Device Access Notes:
[________________________________]
[________________________________]

ARTICLE XII -- LEGAL AUTHORITY AND D.C.-SPECIFIC PROVISIONS

Section 12.1 -- Governing Law

This Digital Asset Inventory is prepared pursuant to the District of Columbia's Uniform Fiduciary Access to Digital Assets Act of 2020, D.C. Code §§ 21-2501 through 21-2518, enacted as D.C. Law 23-189, effective March 16, 2021.

Section 12.2 -- Priority of User Directions (D.C. Code § 21-2504)

Under District of Columbia law, the priority of directions regarding digital asset disclosure is:

1. Online Tool Direction -- A direction by the user through an online tool provided by the custodian takes highest priority, provided the tool allows the user to modify or delete the direction at all times.
2. Estate Planning Document Direction -- A direction in the user's will, trust, power of attorney, or other record.
3. Terms of Service Agreement -- The custodian's terms of service agreement controls if no user direction exists. However, a terms of service agreement does not override a contrary direction by the user in a will, trust, power of attorney, or other record.

Section 12.3 -- Fiduciary Authority Under D.C. Law

Under D.C. Code § 21-2502, "fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee.

• Personal Representative (D.C. Code § 21-2507, § 21-2508): May request disclosure of digital assets. For content of electronic communications, must provide written request, certified death certificate, certified letters testamentary or of administration, and evidence of user consent or a court order.
• Agent Under Power of Attorney (D.C. Code § 21-2509, § 21-2510): May request disclosure if the power of attorney specifically grants authority over digital assets.
• Trustee (D.C. Code § 21-2511 through § 21-2513): Access rights depend on whether the trustee is the original user.
• Conservator (D.C. Code § 21-2514): May request disclosure upon providing required court documentation. Note: D.C. Code § 21-2502 specifies that "fiduciary" includes a person who receives money for an individual as a guardian.

Section 12.4 -- D.C. Probate Jurisdiction

Probate matters in the District of Columbia are handled by the D.C. Superior Court, Probate Division. The personal representative seeking access to a deceased user's digital assets must obtain letters testamentary or letters of administration from this court. Small estate procedures may be available under D.C. Code § 20-351 et seq.

Section 12.5 -- Custodian Compliance and Immunity (D.C. Code § 21-2516)

Under D.C. law:

• A custodian may grant full access, partial access, or provide copies of digital assets at the custodian's discretion.
• A custodian is not required to disclose digital assets deleted by the user.
• A custodian may charge a reasonable administrative fee for compliance.
• A custodian acting in good faith in complying with the Act is immune from liability.
• Not later than 60 days after receipt of required documentation, a custodian shall comply with a request.

ARTICLE XIII -- SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE XIV -- SIGNATURE AND ACKNOWLEDGMENT

I, the undersigned, declare that the information contained in this Digital Asset Inventory is true and correct to the best of my knowledge as of the date signed below. I understand that this document should be updated regularly and that it supplements but does not replace my will, trust, or power of attorney.

Owner Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

DISTRICT OF COLUMBIA

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XV -- UPDATE LOG

Best Practice: Review and update this inventory at least annually, or whenever you create, modify, or close a significant digital account or acquire new digital assets.

SOURCES AND REFERENCES

• D.C. Code, Title 21, Chapter 25 -- Uniform Fiduciary Access to Digital Assets Act: https://code.dccouncil.gov/us/dc/council/code/titles/21/chapters/25
• D.C. Law 23-189 (Enacting Legislation): https://code.dccouncil.gov/us/dc/council/laws/23-189
• D.C. Code § 21-2501 (Short Title): https://code.dccouncil.gov/us/dc/council/code/sections/21-2501
• D.C. Code § 21-2502 (Definitions): https://code.dccouncil.gov/us/dc/council/code/sections/21-2502
• Uniform Law Commission -- RUFADAA: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• D.C. Superior Court, Probate Division: https://www.dccourts.gov/superior-court/probate-division