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Digital Estate Roles · Roles

Digital-assets fiduciary

A person given access to, or authority over, the deceased or incapacitated person's digital assets and accounts.

34 jurisdictions · 4 countries · role id digital-assets-fiduciary

Asia

China

Close relative exercising a deceased person’s information rights (近亲属) — Close relative exercising a deceased person’s information rights

The Personal Information Protection Law is where China answers the digital-estate question. On a natural person’s death their close relatives may, for their own lawful and legitimate interests, exercise the rights of that chapter — access, copy, correct, delete — over the deceased’s personal information, except where the deceased arranged otherwise before death. The Civil Code adds only that data and online virtual property are protected as other law provides.

Assigned
The person dies, leaving personal information held by handlers; the Civil Code protects data and online virtual property as other law provides Deceased
Starts
Close relatives may exercise the rights of access, copying, correction and deletion, for their own lawful and legitimate interests Deceased
Ends
The deceased arranged otherwise before death, which displaces the relatives’ exercise of those rights Deceased

Something missing or wrong for China?

中华人民共和国个人信息保护法第四十九条; 中华人民共和国民法典第一百二十七条

Europe

France

Héritier exerçant les droits sur les données — Heir exercising data-protection rights

Absent directives, heirs may exercise the data-protection rights themselves, but only so far as settling the succession and having the death taken into account require — including receiving digital goods or data resembling family mementos, and closing the deceased's accounts. The heir's standing has a prescribed evidentiary route that the designated person's lacks: décret 2019-536 art. 124 requires proof of identity and of heirship by an acte de notoriété or a livret de famille.

Assigned
Heirship, where the deceased left no directives or the directives do not provide otherwise Deceased
Starts
On death, to the extent necessary to organise and settle the succession — accessing processing to identify information useful to liquidation and partition, and receiving digital goods or data resembling family mementos — and to have the death taken into account, on proof of identity and of the claimant's status as heir by an acte de notoriété or a livret de famille Deceased
Ends
Accounts closed, processing objected to or updated; the controller must show, free of charge, that it complied Estate closed
Disagreement between heirs, referred to the tribunal judiciaire Deceased

Something missing or wrong for France?

Loi n° 78-17 du 6 janvier 1978, art. 85; Code civil, art. 724; Décret n° 2019-536 du 29 mai 2019, art. 124; Décret n° 2019-536 du 29 mai 2019, art. 123

Italy

Person exercising a deceased person’s data rights (diritti riguardanti le persone decedute) — Person exercising a deceased person’s data rights

Italy’s answer to the digital estate, and among the most explicit anywhere. The GDPR rights of access through to objection may be exercised over a deceased person’s data by someone with an interest of their own, by their mandatary acting to protect them, or for family reasons deserving protection. But the person may forbid it — and the prohibition binds only as against directly offered information society services, must be unequivocal, specific, free and informed, may cover only some of the rights, is revocable at any time, and can never prejudice third parties’ property rights arising from the death or the defence of one’s interests in court.

Assigned
The person dies, leaving personal data held by controllers Deceased
Starts
Someone with an interest of their own, a mandatary acting to protect the data subject, or a person acting for family reasons deserving protection exercises the rights in GDPR arts 15 to 22 Deceased
Ends
The person expressly forbade it in writing to the controller, limited to the direct offer of information society services Deceased
The prohibition is revoked or modified, which the person may do at any time Deceased

Something missing or wrong for Italy?

D.lgs. 196/2003 art. 2-terdecies

North America

US — uniform/model law + federal

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — uniform/model law + federal?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Arizona

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Arizona?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — California differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Fiduciary gives custodian written request, death certificate (decedent), letters or §13101 small-estate affidavit or court order; content requires user consent or court direction Estate administration
Ends
Fiduciary authority ends (e.g., discharge); custodian must comply within 60 days of a complete request Estate closed

Something missing or wrong for US — California?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Cal. Prob. Code §876; Cal. Prob. Code §877; Cal. Prob. Code §881

US — Colorado

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Colorado?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Delaware differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

A fiduciary — personal representative, guardian, agent under a durable personal power of attorney, or trustee — with authority over the account holder's digital assets. The default is full control unless the governing instrument says otherwise, the fiduciary is deemed to have the account holder's consent, and a licence term or choice-of-law clause that would limit access is unenforceable.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Delaware?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Florida differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Fiduciary delivers written request plus credentials; custodian must comply within 60 days Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Florida?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Fla. Stat. §740.006 (2026); Fla. Stat. §740.007 (2026); Fla. Stat. §740.06 (2026); RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Idaho

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Idaho?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Illinois differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Fiduciary provides request and credentials (letter of appointment or court order for representatives; court order for guardians); custodian complies within 60 days Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Illinois?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); 755 ILCS 70/7; 755 ILCS 70/8; 755 ILCS 70/14; 755 ILCS 70/16; RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Indiana differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
On a complying request with the authority document: letters, an order of no supervision or unsupervised administration, a certified guardianship order — or a §29-1-8-1 small-estate affidavit Estate administration
Ends
Compliance, or a denial where the custodian is aware of lawful access to the account after the request Estate administration

Something missing or wrong for US — Indiana?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Ind. Code § 32-39-2-4; Ind. Code § 32-39-2-11; Ind. Code § 29-1-8-1; Ind. Code § 32-39-2-13

US — Iowa differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Iowa?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Kansas differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Kansas?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Kentucky differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Kentucky?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Louisiana differs from the US model unverified

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Louisiana?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Maine

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Maine?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Maryland differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Maryland?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Massachusetts differs from the US model unverified

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Massachusetts?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Michigan

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Michigan?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Minnesota

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Minnesota?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Missouri differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Missouri?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Nebraska differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Nebraska?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — New Jersey

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — New Jersey?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — New York differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request, death certificate, and certified letters, small-estate affidavit or court order Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — New York?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); N.Y. Est. Powers & Trusts Law §13-A-3.2; N.Y. Est. Powers & Trusts Law §13-A-3.1; RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — North Carolina

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — North Carolina?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Ohio differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Fiduciary acts for a user who resides or resided in Ohio Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Ohio?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Ohio Rev. Code §2137.02; RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Oklahoma

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Oklahoma?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Pennsylvania

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Pennsylvania?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Texas differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request plus death certificate and letters, §205.001 small estate affidavit, or other court order Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Texas?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Tex. Est. Code §2001.101; Tex. Est. Code §2001.102; RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Utah

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Utah?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Virginia differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Virginia?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — Washington differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Fiduciary acts for a user who resides or resided in Washington Estate administration
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — Washington?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); Wash. Rev. Code §11.120.030; RUFADAA §9 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

US — West Virginia differs from the US model

Fiduciary seeking access to digital assets (PR, conservator, agent, trustee)

RUFADAA gives no new fiduciary status of its own. It sets out when an existing personal representative, conservator, agent, or trustee can get a digital-asset catalogue or content from a custodian. By default, content of electronic communications needs the user's consent (or, for a personal representative, a court direction). A conservator also needs a court order after a chance for a hearing.

Assigned
Underlying fiduciary status arises under other law (POA, trust, court appointment, letters or small-estate affidavit) Capable
Starts
Written request with required documents; custodian must comply within [60] days Incapacitated
Ends
Underlying authority ends (e.g., agent's POA ends at principal's death, conservatorship ends, PR appointment terminates) Deceased
Estate closed Estate closed

Something missing or wrong for US — West Virginia?

RUFADAA §2(4), (6), (9), (14), (16) (2015); RUFADAA §3 (2015); RUFADAA §9 (2015); RUFADAA §10 (2015); RUFADAA §14 (2015); RUFADAA §7 (2015); RUFADAA §8 (2015); RUFADAA §16 (2015); RUFADAA §15 (2015); UPOAA §110(a) (2006); UPC §3-610

The interactive viewer carries the lifecycle diagram, the state machine and the full source list, including the quoted text of each provision. Not legal advice. This is a research aid summarising primary legal sources as retrieved on the dates shown; always read the cited current text and consult a lawyer licensed in the jurisdiction.