Digital assets have become an integral part of modern life, with the average American owning dozens of online accounts and digital properties – from email and social media accounts to cryptocurrency wallets and online businesses. Recognizing this shift, states across the country are finally developing comprehensive legislation to address how these digital assets should be handled after death or incapacitation.
The evolution of digital estate planning laws reflects our increasingly online lives, where valuable and sentimental digital property requires the same careful legal consideration traditionally given to physical assets. State legislatures are working to bridge the gap between traditional estate planning and the unique challenges posed by digital inheritance.
The Legal Landscape of Digital Asset Management After Death
Digital Estate Laws: A National Movement Nearly every state in America has now enacted legislation granting executors and family members the right to manage a deceased person’s digital assets. This widespread adoption stems largely from the Uniform Law Commission’s 2015 Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This model legislation empowers executors, trustees, and court-appointed fiduciaries to access and manage digital assets after someone’s death, though specific provisions and requirements vary by state.
The Tech Platform Challenge: Despite this legislative progress, a significant hurdle remains: many digital platforms continue to prioritize their own terms of service and privacy policies over state laws when determining what happens to user accounts after death. While some companies have taken proactive steps – like Facebook’s Legacy Contact and Google’s Inactive Account Manager – these features require advance planning that many users neglect.
This disconnect between platform policies and legal frameworks highlights why comprehensive digital estate legislation has become crucial. The laws help ensure families can access important digital assets regardless of whether the deceased person set up platform-specific posthumous management tools.
Current Status and Next Steps: States that haven’t yet adopted digital asset legislation may leave families in legal limbo when trying to access a deceased loved one’s online accounts. Given the complexity of digital estate planning, online notarization, and varying state regulations, consulting with a qualified estate attorney remains the best way to understand your rights and create a comprehensive digital estate plan that works within your state’s legal framework.
If your state is not listed below, that means your state has not yet adopted digital asset laws to address these issues. As always, it’s best to consult a licensed estate attorney in your state to get a better sense of your state’s laws, and how you can create a digital estate plan in your state.
Alabama
Law: HB 138 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [See the full Bill here]
Status: Signed by the Governor on May 11, 1017; Effective January 1, 2018
Alaska
Law: HB 108 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [See the full Bill here]
Status: Signed by the Governor on August 2, 1017; Effective October 31, 2017
Arizona
Law: SB 1413 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: This was approved by the Governor and filed with the Secretary of State on May 11, 2016
Arkansas
Law: HB2253 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: This was approved on April 4, 2017 and became known as Act 866
California
Law: AB-691 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: This was approved by the Governor and filed with the Secretary of State on September 24, 2016.
Colorado
Law: SB 16-088 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [See the full Bill here]
Status: This was approved by the Governor and filed with the Secretary of State on April 7, 2016.
Connecticut
Law: SB 262 Public Act No. 05-136
Description: Executors may access email accounts. The state requires a death certificate and documentation of the executor’s appointment before the estate’s representative can see the deceased person’s emails or social networking accounts.
Status: Effective October 1, 2005
Delaware
Law: HB 345 Fiduciary Access to Digital Assets and Digital Accounts
Description: From the original synopsis: “Recognizing that an increasing percentage of people’s lives are being conducted online and that this has posed challenges after a person dies or becomes incapacitated, this Act specifically authorizes fiduciaries to access and control the digital assets and digital accounts of an incapacitated person, principal under a personal power of attorney, decedents or settlors, and beneficiaries of trusts.”
Status: Effective August 12, 2014
Florida
Law: SB 494, Chapter 740 Florida Fiduciary Access to Digital Assets Act
Description: This law grants fiduciaries legal authority over the deceased’s digital assets and accounts. Here’s the official summary: “Authorizing a user to use an online tool to allow a custodian to disclose to a designated recipient or to prohibit a custodian from disclosing digital assets under certain circumstances; providing procedures for the disclosure of digital assets; authorizing the court to grant a guardian the right to access a ward’s digital assets under certain circumstances.”
Status: Signed into law on March 10, 2016; Effective July 1, 2016
Georgia
Law: SB 301 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective July 1, 2018
Hawaii
Law: SB2298 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective July 1, 2016
Idaho
Law: SB 1303 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read: Statement of Purpose | Full Bill]
Status: Effective July 1, 2016
Illinois
Law: HB 4648 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective August 12, 2016
Indiana
Law: SB 253 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Effective March 23, 2016
Iowa
Law: SF 333 Revised Uniform Fiduciary Access to Digital Assets Act
Description: The Act sets forth a uniform set of rules involving fiduciaries of all types when requesting digital assets.
Status: Effective April 20, 2017
Kansas
Law: SB 63 Revised Uniform Fiduciary Access to Digital Assets Act
Description: The Act authorizes access to digital assets by four common types of fiduciaries, which are listed here.
Status: Effective July 1, 2017
Kentucky
Law: HB 156 Revised Uniform Fiduciary Access to Digital Assets Act
Description: The Act authorizes establishs a framework for the management and disposition of digital assets upon death or incapacitation.
Status: Effective July 15, 2020
Louisiana
No legislation.
Maine
Law: LD 846 Revised Uniform Fiduciary Access to Digital Assets Act
Description: The Act establishes procedures, standards and legal responsibilities to ensure the proper management and protection of digital assets and communications, consistent with federal requirements.
Status: Approved on April 4, 2018; Effective July 1, 2018
Maryland
Law: SB239/HB507 Maryland Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Effective October 1, 2016
Massachusetts
Law: HD 3489 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This legislation has been introduced in Massachusetts but hasn’t been approved yet.
Status: The pending legislation lists January 1, 2020 as the effective date
Michigan
Law: HB 5034 The Fiduciary Access To Digital Assets Act
Description: Provides for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters. Genealogy writer Dick Eastman sums it up best on his blog: “The new law specifically states that all digital assets are bequeathed from one person to the next. It also allows digital information, including social media and website accounts, to be treated like other assets after the owner dies.” [Read the full Bill]
Status: Effective June 27, 2016
Minnesota
Law: Minnesota Statutes Chapter 521A Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Full Bill | Attorney Jim Lamm’s blog post about the law]
Status: Effective August 1, 2016
Mississippi
Law: HB 489 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Approved on April 12, 2017; Effective July 1, 2017
Missouri
Law: HB 1250 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Approved on June 6, 2018; Effective August 28, 2018
Montana
Law: SB 118 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Approved on May 4, 2017; Effective October 1, 2017
Nebraska
Law: LB 829 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by the Governor on April 19, 2016; Effective January 1, 2017
Nevada
Law: SB 131
Description: Establishes provisions governing the termination of a decedent’s accounts on electronic mail, social networking, messaging and other web-based services.
Status: Effective October 1, 2013
New Hampshire
Law: SB 147 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Effective June 27, 2019
New Jersey
Law: AB 3433 Uniform Fiduciary Access to Digital Assets Act
Description: Authorizes executor, agent, guardian, or trustee, under certain circumstances, to manage electronic records of decedent, principal, incapacitated person, or trust creator. [Read the full Bill]
Status: Effective September 17, 2017
New Mexico
Law: SB 60 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: Effective January 1, 2018
New York
Law: AB A9910A
Description: Provides for the administration of digital assets; authorizes a user to use an online tool to direct the custodian to disclose or not to disclose some or all of the user’s digital assets, including the content of electronic communications; provides that this article does not impair the rights of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user; provides for a procedure for disclosing digital assets.
Status: Effective September 29, 2016,
North Carolina
Law: SB 805 Fiduciary Access to Digital Assets
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective June 30, 2016
North Dakota
Law: HB 1214
Description: An act to create and enact a new chapter to title 47-36 of the North Dakota Century Code, relating to a Uniform Fiduciary Access to Digital Assets Act.
Status: Effective March 30, 2017
Ohio
Law: HB 432 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes for continued access or control over a deceased or incapacitated person’s electronic communications and “any other digital asset to which the individual has an interest.” [Read the full Bill]
Status: Effective April 6, 2017
Oklahoma
Name of law: HB 2800
Description: An act relating to probate procedure; authorizing an executor or administrator to have control of certain social networking, micro-blogging or e-mail accounts of the deceased; providing for codification; and providing an effective date. Allows provisions in a will or a formal order to control access. [Read the full Bill]
Status: Effective November 1, 2010
Note: On January 19, 2016 SB 1107 Uniform Fiduciary Access to Digital Assets [Full Text] was introduced to the Oklahoma Legislature and is in progress. Whether this is meant to replace or ammend the previously enacted digital asset legislation remains to be seen.
Oregon
Proposed law: SB 1554 Revised Uniform Fiduciary Access to Digital Assets Act
Description: “It allows a fiduciary, such as a personal representative, trustee or conservator, to access certain digital content within certain limits. It permits entities that hold electronic data to allow users to specify their wishes in the event they become inactive or when the entity receives a request for information. (If a user specifies, that trumps all other instructions, including a will.) The measure also permits fiduciaries to obtain a catalogue of digital communications, and sets forth a number of protocols for them, to cover a variety of situations, such as: when users consent to disclosure, or refuse, or fail to specify; or when disclosure has been ordered by a court.” [Source: Oregon’s Summary of Legislation, 2016]
Status: Effective January 1, 2017
Pennsylvania
Law: SB 320 Revised Uniform Fiduciary Access to Digital Assets Act, Amending Title 20 (Decedents, Estates and Fiduciaries)
Description: An act providing for user direction and agreements, for disclosure of digital assets and electronic communications, for functions of fiduciaries and for compliance and immunity for custodians of digital assets and electronic communications; and making conforming amendments.
Status: Effective July 23, 2020
Rhode Island
Law: HB 5778
Description: Regulates fiduciary and designated recipient access to digital assets relating to probate practice and procedure by creating the “Revised Uniform Fiduciary Access to Digital Assets Act” to promote uniformity of the law among states that enact it. Additional insight: “The revised act gives fiduciaries some authority to manage digital assets, but it also provides privacy protections for the owners of the digital assets and legal protections for the companies who create and store digital assets.” [Source: CLA]
Status: Effective July 15, 2019
South Carolina
Law: SB 908 South Carolina Uniform Fiduciary Access To Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective June 3, 2016
South Dakota
Law: HB1080 Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by Govenor on March 6, 2017; Effective July 1, 2017.
Tennessee
Law: SB 326 Uniform Fiduciary Access To Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Effective July 1, 2016
Texas
Law: SB 1193 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications. [Read the full Bill]
Status: Signed by the Governor on June 1, 2017; Effective September 1, 2017
Utah
Law: HB 13 Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: This was approved on March 15, 2017; Effective on May 9, 2017
Vermont
Law: HB 152 (Act 13) Uniform Fiduciary Access to Digital Assets Act
Description: This law authorizes a decedent’s personal representative or trustee to access and manage digital assets and electronic communications.
Status: This was approved on May 1, 2017; Effective on July 1, 2017
Virginia
Proposed law: HB 1608
Description: “The bill allows fiduciaries to manage digital property such as computer files, web domains, and virtual currency, and restricts a fiduciary’s access to electronic communications such as email, text messages, and social media accounts unless the original user consented to such access in a will, trust, power of attorney, or other record. The bill repeals the Privacy Expectation Afterlife and Choices Act, which was enacted in 2015. This bill is identical to SB 903.”
Status: Effective February 17, 2017
Washington
Law: SB 5029 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This provides a process for a digital asset custodian to disclose digital assetinformation when requested by a fiduciary who needs access to the information to fulfill fiduciary duties. [Read the final Bill]
Status: Effective June 9, 2016
Washington, D.C. (District of Columbia)
Law: Council Bill 230141, Uniform Fiduciary Access to Digital Assets Act of 2019
Description: This allows holders of accounts with digital assets to give access to these accounts to fiduciaries. A digital asset is an electronic record in which an individual has a right or interest. It also provides immunity from liability for custodians of accounts that comply with a fiduciary’s apparent authorized request for access.
Status: Effective January 13, 2021
West Virginia
Law: SB 102 Uniform Fiduciary Access to Digital Assets Act
Description: This law provides that “an agent under power of attorney may exercise authority over the content of electronic communications sent or received by the principal,” as well as other digital assets, and sets forth a procedure for disclosing digital assets by custodian.
Status: This was approved on March 7, 2018; Effective on June 5, 2018
Wisconsin
Law: AB 695 Revised Uniform Fiduciary Access to Digital Assets Act
Description: This provides a process for a digital asset custodian to disclose digital assetinformation when requested by a fiduciary who needs access to the information to fulfill fiduciary duties. [Read the final Bill | Wisconsin Legislative Council Act Memo]
Status: Effective April 1, 2016
Wyoming
Law: SF0034 Uniform Fiduciary Access to Digital Assets Act
Description: This provides a process for a digital asset custodian to disclose digital assetinformation when requested by a fiduciary who needs access to the information to fulfill fiduciary duties. [Read the final Bill]
Status: Effective July 1, 2016
Though we make every effort to keep this list as up-to-date as possible, there may be information that’s not current. If you’re aware of updates or changes to digital asset legislation in any state, please let us know here.
