From the website of High Swartz Law Firm:
How to Access the Digital Assets, logins, and passwords of Someone who Has Died

Published Sept 21, 2020

This article addresses questions relating to…

1. Definition of a digital asset.
2. What is a “catalog of electronic communication”?
3. Options available to access a decedent’s digital assets after their death.
4.  The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)

Article Summary

Accessing Digital Assets of a Deceased Loved One

Accessing the digital assets of a loved one after their passing can be challenging, especially in a world where much of daily life—banking, communication, bills, photos, and even entertainment—occurs electronically. Executors and fiduciaries often face difficulty locating these assets, particularly if account information is not readily available or if security measures, such as facial recognition or multifactor authentication, prevent access. Attempts to bypass these protections may violate laws, such as the Criminal Fraudulent Access Act, which prohibits impersonating a decedent.

To address these challenges, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), effective January 19, 2021, provides fiduciaries with a legal framework to access a decedent’s digital assets. RUFADAA distinguishes between digital assets themselves—like bank account balances or cryptocurrency—and the electronic records representing them, such as online statements, emails, photos, or documents. Executors are generally able to access a catalog of electronic communications, which identifies senders, recipients, dates, and times of messages, but does not grant automatic access to the content.

For executors to access the content of emails, documents, photos, or other communications, explicit authorization is required. This can be granted either through an online tool provided by the service provider—such as Google or Facebook—or specified in the decedent’s estate planning documents. When conflicts arise between online designations and estate documents, the online service provider’s designation usually prevails, and the platform’s Terms of Service govern the fiduciary’s rights.

Executors should approach digital asset management realistically, understanding the limitations imposed by technology, privacy laws, and service agreements. Engaging an estate attorney familiar with RUFADAA can help fiduciaries navigate these issues, ensuring proper access while remaining compliant with state law. By planning ahead and knowing the legal framework, executors can more efficiently manage and preserve digital assets as part of the estate administration process.

Read MORE

A Loved One Dies. No One Knows Their Passwords. Here’s What to Do. (New York Times)

How to Get Access to Online Accounts After Death (LegalClarity)