Digital Asset Laws by State: Who Can Access Your Accounts After Death

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Disclaimer: General educational research only — not legal, tax or financial advice. Rules differ by state and by family. Talk to an estate planning attorney in your state before you act.

Estate Planning Data & Research → Digital Asset Laws by State

Email, photos, online banking, social media and crypto wallets don’t come with a paper title. When someone dies or loses capacity, an executor or agent may need a state law that tells online companies what they must disclose. Our review of state law found 48 states and D.C. have a fiduciary access to digital assets law. Massachusetts has none on the books, with a bill pending.

This page lists, for every state and D.C., the law, its citation and when it was enacted, with our verification status for each entry.

A will and a trust can both name who handles your digital life. See how a trust and a will differ.

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Cite this page URL when reusing findings. Not a substitute for official sources or professional advice.

Key findings

  • 47 states and D.C. have a law based on the Uniform Law Commission’s fiduciary access to digital assets act, most enacted between 2016 and 2018.
  • Delaware has its own 2014 law, amended in 2025 (SB 143).
  • Louisiana has an earlier, narrower 2014 law on a decedent’s electronic assets (Act 758) rather than the uniform act, based on the bill records we reviewed.
  • Massachusetts has not enacted one. House Bill 4639 was ordered to a third reading in November 2025 and was still pending in the House as of Oct. 14, 2026.
  • The most recent adopters are Pennsylvania (2020), Kentucky (2020, revised 2021) and Oklahoma (2024). California amended its law in 2024.
  • Offline doesn’t mean no digital estate. Census data shows 6,989,362 people 65+ (11.8%) lack home broadband, yet many still have online bank, benefit or email accounts. See seniors without broadband by state.

Digital asset laws by state

StateLawCitationEnactedVerification status
AlabamaUniform-act basedAct 2017-3162017 (HB 138)Partly verified (enacted per bill record; code section not confirmed)
AlaskaUniform-act basedCh. 18, SLA 20172017 (HB 108)Partly verified (enacted per bill record; code section not confirmed)
ArizonaUniform-act basedAriz. Rev. Stat. § 14-13101 et seq.2016 (HB 2467, ch. 199)Verified (official state code)
ArkansasUniform-act basedAct 886 of 20172017 (HB 2253)Verified (official enacted act)
CaliforniaUniform-act basedStats. 2016, ch. 551; amended Stats. 2024, ch. 7992016 (AB 691); 2024 (SB 1458)Partly verified (enacted per bill record; code section not confirmed)
ColoradoUniform-act basedColo. Rev. Stat. § 15-1-1501 et seq.2016 (SB 16-088)Verified (official state code)
ConnecticutUniform-act basedConn. Gen. Stat. § 45a-334b et seq. (also § 45a-334a, email access)2016 (HB 5606)Verified (official state code)
DelawareState’s own act (2014), amended 2025Del. Code tit. 12, § 5001 et seq.2014 (HB 345); amended 2025 (SB 143)Verified (official state code)
District of ColumbiaUniform-act basedD.C. Act A23-05692021 (B23-0141)Partly verified (enacted per bill record; code section not confirmed)
FloridaUniform-act basedFla. Stat. ch. 7402016 (ch. 2016-46)Verified (official state code)
GeorgiaUniform-act basedAct 560 (2018)2018 (SB 301)Partly verified (enacted per bill record; code section not confirmed)
HawaiiUniform-act basedAct 162 (2016)2016 (SB 2298)Partly verified (enacted per bill record; code section not confirmed)
IdahoUniform-act basedIdaho Code tit. 15, ch. 142016 (S 1303, ch. 263)Verified (official state code)
IllinoisUniform-act basedPublic Act 99-07752016 (HB 4648)Partly verified (enacted per bill record; code section not confirmed)
IndianaUniform-act basedP.L. 137-20162016 (SB 253)Partly verified (enacted per bill record; code section not confirmed)
IowaUniform-act based2017 Iowa Acts (SF 333)2017 (SF 333)Partly verified (enacted per bill record; code section not confirmed)
KansasUniform-act basedKan. Stat. § 58-4801 et seq.2017 (SB 63, ch. 19)Verified (official state code)
KentuckyUniform-act based2020 Acts ch. 63; revised 2021 Acts ch. 932020 (HB 156); 2021 (SB 72)Partly verified (enacted per bill record; code section not confirmed)
LouisianaEarlier state law (not the uniform act)Act 758 of 2014 (SB 461, electronic assets of a decedent)2014; a 2016 uniform-act bill (HB 1118) did not reach final enactment in our recordsPartly verified (enacted per bill record; code section not confirmed)
MaineUniform-act basedLD 846 (128th Legislature), passed to be enacted2018 (LD 846)Partly verified (enacted per bill record; code section not confirmed)
MarylandUniform-act basedMd. Code, Est. & Trusts § 15-601 et seq.2016 (SB 239/HB 507)Verified (official state code)
MassachusettsNo law enacted; bill pendingH 4639 (194th General Court), at third reading stageNot enacted as of Oct. 14, 2026Verified (official bill page)
MichiganUniform-act basedMich. Comp. Laws § 700.1001 et seq. (Act 59 of 2016)2016 (HB 5034)Verified (official state code)
MinnesotaUniform-act basedMinn. Stat. ch. 521A2016 (HF 1372, ch. 135)Verified (official state code)
MississippiUniform-act based2017 (HB 849), approved by governor2017 (HB 849)Partly verified (enacted per bill record; code section not confirmed)
MissouriUniform-act basedMo. Rev. Stat. §§ 472.400-472.4902018 (HB 1250)Verified (official state code)
MontanaUniform-act based2017 (SB 118), chapter number assigned2017 (SB 118)Partly verified (enacted per bill record; code section not confirmed)
NebraskaUniform-act basedNeb. Rev. Stat. §§ 30-501 to 30-5182016 (LB 829)Verified (official state code)
NevadaUniform-act basedStats. 2017, ch. 382017 (AB 239)Partly verified (enacted per bill record; code section not confirmed)
New HampshireUniform-act basedN.H. Rev. Stat. ch. 554-A2019 (SB 147)Verified (official state code)
New JerseyUniform-act basedP.L. 2017, c. 237 (supplementing Title 3B)2017 (A 3433)Verified (official enacted act)
New MexicoUniform-act basedLaws 2017 (SB 60)2017 (SB 60)Verified (official enacted act)
New YorkUniform-act basedLaws 2016, ch. 354 (EPTL art. 13-A per bill text)2016 (A 9910)Partly verified (enacted per bill record; code section not confirmed)
North CarolinaUniform-act basedN.C. Gen. Stat. ch. 36F2016 (S.L. 2016-53)Verified (official state code)
North DakotaUniform-act based2017 (HB 1214), signed by governor2017 (HB 1214)Partly verified (enacted per bill record; code section not confirmed)
OhioUniform-act basedOhio Rev. Code ch. 21372016 (HB 432)Verified (official state code)
OklahomaUniform-act basedOkla. Stat. tit. 58, § 3101 et seq.2024 (HB 3778)Verified (official state code)
OregonUniform-act basedOr. Rev. Stat. ch. 1192016 (SB 1554)Verified (official state code)
PennsylvaniaUniform-act basedAct 72 of 20202020 (SB 320)Partly verified (enacted per bill record; code section not confirmed)
Rhode IslandUniform-act basedR.I. Gen. Laws ch. 33-27.12019 (H 5778/S 592)Verified (official state code)
South CarolinaUniform-act basedS.C. Code § 62-2-1010 et seq.2016 (Act 260)Verified (official state code)
South DakotaUniform-act based2017 (HB 1080), signed by governor2017 (HB 1080)Partly verified (enacted per bill record; code section not confirmed)
TennesseeUniform-act basedPub. Ch. 570 (2016)2016 (SB 326/HB 774)Verified (official enacted act)
TexasUniform-act basedTex. Estates Code ch. 20012017 (SB 1193)Verified (official state code)
UtahUniform-act basedLaws 2017 (H.B. 13)2017 (HB 13); amended 2018 (HB 95)Verified (official enacted act)
VermontUniform-act basedVt. Stat. tit. 14, ch. 125 (§ 3551 et seq.)2017 (H 152)Verified (official state code)
VirginiaUniform-act basedVa. Code § 64.2-116 et seq.2017 (HB 1608/SB 903)Verified (official state code)
WashingtonUniform-act basedRev. Code Wash. ch. 11.1202016 (SB 5029)Verified (official state code)
West VirginiaUniform-act basedW. Va. Code § 44-5B-1 et seq.2018 (SB 102, ch. 92)Verified (official state code)
WisconsinUniform-act basedWis. Stat. ch. 711 (digital property)2016 (2015 AB 695)Verified (official state code)
WyomingUniform-act basedWyo. Stat. § 2-3-1001 et seq.2016 (SF 34, ch. 39)Verified (official state code)

Sources: official state code and legislature websites (linked in the CSV download), and LegiScan bill records for enactment history. “Verified (official state code)” means we read the codified text on the state’s own code site. “Verified (official enacted act)” means we read the enacted bill or act on the legislature’s site. “Partly verified” means the bill record shows it was signed or enacted, but we could not open the codified section on an official site, so the citation is to the session law. Statuses checked Oct. 14, 2026.

How these laws usually work

  • Online tools come first. Under the uniform act, if a company offers a tool to name who can access your account after death (such as a legacy or inactive-account setting), that choice generally controls.
  • Your will, trust or power of attorney comes next. If you didn’t use an online tool, a will, trust or power of attorney can allow, or forbid, disclosure to your fiduciary.
  • Content of messages needs consent. Executors generally get a list of who you communicated with and other non-content assets, but reading the content of emails and messages usually requires your consent or a court order.
  • Terms of service apply otherwise. Without directions from you, the company’s terms of service and federal privacy law limit what it must hand over.

What to put in your plan

  • Use the online tools your email, phone and social media providers offer, and keep them current.
  • Give your executor and agent express authority over digital assets, including the content of electronic communications, in your will, trust and power of attorney.
  • Keep an inventory of accounts, two-factor devices and where passwords are stored. Don’t put passwords in the will itself, which becomes a public record in probate.
  • Crypto needs a plan for keys. Without the private keys or recovery phrase, an executor may not be able to reach the asset at all.

Related: where you can sign a will online · the estate planning law tracker · the incapacity gap

Methodology

We built the list from LegiScan searches of every state for fiduciary-access and digital-asset bills, then checked each jurisdiction against its official code or legislature website on Oct. 14, 2026. Each row’s verification status shows how far we got. We list the law that governs fiduciary access to a person’s online accounts and files. We don’t track separate laws on digital-asset banking, cryptocurrency regulation, unclaimed digital property or crypto mining, which use the same phrase for different purposes. Later amendments are listed only where we confirmed them.

What this doesn’t measure. Whether a particular company complies, how courts have applied these laws, or differences in each state’s version of the uniform act.

Frequently asked questions

Does my executor automatically get access to my email?

Usually not to the content. Under most state laws, an executor can get a list of messages and other non-content data, but reading the content generally requires your consent in an online tool, will or other document, or a court order.

Which state doesn’t have a digital assets law?

Massachusetts, where a bill was still pending as of Oct. 14, 2026. Louisiana has an older, narrower law rather than the uniform act.

Should I put my passwords in my will?

No. A will usually becomes public in probate. Keep an inventory in a secure place and tell your executor how to find it.

Is this legal advice?

No. Talk to an estate planning attorney in your state.

Sources

Public-domain government sources only. Fetched 2026-10-14.

Statutes

Context data

Cite this data

Family Estate Guide, “Digital Asset Laws by State,” October 2026. https://familyestateguide.com/estate-planning-data/digital-assets-estate-laws-by-state/

You’re welcome to reuse the table with a link back to this page. The underlying government data is public.

Published October 14, 2026 by Family Estate Guide. Data vintage: state codes and legislature records, checked Oct. 14, 2026. Editorial standards.