Digital Asset Inventory - Oregon

DIGITAL ASSET INVENTORY

State of Oregon

Prepared Pursuant to ORS § 119.006 et seq. (Oregon Revised Uniform Fiduciary Access to Digital Assets Act)

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.

Oregon Historical Note: Oregon was the first state in the nation to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) when Governor Kate Brown signed Senate Bill 1554 into law on March 3, 2016. The law became effective on January 1, 2017.

ARTICLE I -- OWNER INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

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

Primary Residence Address:
[________________________________]
[________________________________]
City: [________________________________] State: OR Zip: [____]

Primary Telephone: [________________________________]

Primary Email Address: [________________________________]

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

Date Last Updated: [__/__/____]

Oregon Note: Oregon is a separate property (common law) state. Oregon does not impose a general sales tax. Oregon does impose a state income tax, and digital asset dispositions may trigger state income tax obligations. Oregon also has its own estate tax under ORS Ch. 118, with a lower exemption threshold than the federal estate tax, which may affect estates containing valuable digital assets.

ARTICLE II -- DESIGNATED FIDUCIARY FOR DIGITAL ASSETS

Pursuant to ORS 119.016, 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 ORS 119.071, the designated Fiduciary shall have the following authority (check all that apply):

☐ Access the content of electronic communications (email, text, direct messages) per ORS 119.031
☐ Access other digital assets (non-content) per ORS 119.036
☐ 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: [________________________________]

Oregon Legal Note: Under ORS 119.016, if you have used an online tool provided by a custodian (e.g., Google Inactive Account Manager) 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 ORS 119.031, 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, and (4) evidence of user consent in a will, trust, power of attorney, or other record, or a court order.

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.

Oregon Tax Note: Oregon imposes a state income tax (currently ranging from 4.75% to 9.9%). Disposition of cryptocurrency and other digital assets with monetary value may trigger Oregon income tax obligations. Additionally, Oregon's estate tax (ORS Ch. 118) applies to estates over $1 million, a significantly lower threshold than the federal estate tax exemption. Valuable digital assets should be included in estate tax planning.

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 OREGON-SPECIFIC PROVISIONS

Section 12.1 -- Governing Law

This Digital Asset Inventory is prepared pursuant to and governed by Oregon's Revised Uniform Fiduciary Access to Digital Assets Act, ORS §§ 119.006 through 119.081 (cited as RUFADAA (2015) per ORS 119.086). Oregon was the first state to enact RUFADAA, signed March 3, 2016, effective January 1, 2017.

Section 12.2 -- Priority of User Directions (ORS 119.016)

Under Oregon 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 only if no user direction exists. A terms of service agreement does not override a user's contrary direction in an estate planning document.

Section 12.3 -- Fiduciary Authority Under Oregon Law

Under ORS 119.006, "fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee.

• Personal Representative (ORS 119.031, 119.036): 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 (ORS 119.041, 119.046): May request disclosure if the power of attorney specifically grants authority over digital assets or if the agent has general authority under ORS Ch. 127.
• Trustee (ORS 119.051, 119.056, 119.061): Authority depends on whether the trustee is the original user and the terms of the trust under the Oregon Uniform Trust Code (ORS Ch. 130).
• Conservator (ORS 119.066): May request disclosure upon providing required court documentation.

Section 12.4 -- Oregon-Specific Considerations

• Oregon Estate Tax (ORS Ch. 118): Oregon has a state estate tax with an exemption threshold of approximately $1 million, significantly lower than the federal exemption. Digital assets with monetary value (cryptocurrency, online businesses, domain portfolios) must be valued and reported.
• Small Estate Affidavit (ORS 114.515): For estates valued at $275,000 or less in personal property and $200,000 or less in real property, a small estate affidavit may be used, which may simplify digital asset access.
• Oregon Circuit Court Jurisdiction: Probate matters are heard in the Oregon Circuit Court for the county of the decedent's domicile.
• Oregon Income Tax: Digital asset dispositions may trigger state income tax. Oregon's top marginal rate is among the highest in the nation.

Section 12.5 -- Custodian Compliance (ORS 119.026)

Under Oregon law:

• A custodian may charge a reasonable administrative fee for compliance.
• Not later than 60 days after receipt of required documentation, a custodian shall comply with a request.
• A custodian may grant full access, partial access, or provide copies at the custodian's discretion.
• A custodian is not required to disclose digital assets deleted by the user.
• A custodian may request a court order if the custodian believes the disclosure imposes an undue burden.

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)

STATE OF OREGON
COUNTY OF [________________________________]

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

• Oregon Revised Statutes, Chapter 119 -- Revised Uniform Fiduciary Access to Digital Assets Act: https://www.oregonlegislature.gov/bills_laws/ors/ors119.html
• ORS 119.006 (Definitions): https://oregon.public.law/statutes/ors_chapter_119
• ORS 119.086 (Short Title): https://oregon.public.law/statutes/ors_119.086
• Oregon State Bar -- Estate Planning Section: https://estateplanning.osbar.org
• Uniform Law Commission -- RUFADAA: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22