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

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.

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

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

• Alabama (Partly verified (enacted per bill record; code section not confirmed)): Act 2017-316. http://alisondb.legislature.state.al.us/Alison/SESSBillStatusResult.aspx?BILL=HB138&WIN_TYPE=SELECTED_STATUS
• Alaska (Partly verified (enacted per bill record; code section not confirmed)): Ch. 18, SLA 2017. https://www.akleg.gov/basis/Bill/Detail/30?Root=HB108
• Arizona (Verified (official state code)): Ariz. Rev. Stat. § 14-13101 et seq.. https://www.azleg.gov/ars/14/13101.htm
• Arkansas (Verified (official enacted act)): Act 886 of 2017. https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2017R%2FPublic%2F&file=886.pdf&ddBienniumSession=2017%2F2017R
• California (Partly verified (enacted per bill record; code section not confirmed)): Stats. 2016, ch. 551; amended Stats. 2024, ch. 799. https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB1458
• Colorado (Verified (official state code)): Colo. Rev. Stat. § 15-1-1501 et seq.. https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf
• Connecticut (Verified (official state code)): Conn. Gen. Stat. § 45a-334b et seq. (also § 45a-334a, email access). https://www.cga.ct.gov/current/pub/chap_802b.htm
• Delaware (Verified (official state code)): Del. Code tit. 12, § 5001 et seq.. https://delcode.delaware.gov/title12/c050/index.html
• District of Columbia (Partly verified (enacted per bill record; code section not confirmed)): D.C. Act A23-0569. https://lims.dccouncil.gov/Legislation/B23-0141
• Florida (Verified (official state code)): Fla. Stat. ch. 740. https://www.flsenate.gov/Laws/Statutes/2025/Chapter740/All
• Georgia (Partly verified (enacted per bill record; code section not confirmed)): Act 560 (2018). https://www.legis.ga.gov/legislation/51844
• Hawaii (Partly verified (enacted per bill record; code section not confirmed)): Act 162 (2016). http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2298&year=2016
• Idaho (Verified (official state code)): Idaho Code tit. 15, ch. 14. https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH14/
• Illinois (Partly verified (enacted per bill record; code section not confirmed)): Public Act 99-0775. https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4648&GAID=13&DocTypeID=HB&SessionID=88&GA=99
• Indiana (Partly verified (enacted per bill record; code section not confirmed)): P.L. 137-2016. https://iga.in.gov/legislative/2016/bills/senate/253/details
• Iowa (Partly verified (enacted per bill record; code section not confirmed)): 2017 Iowa Acts (SF 333). https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=SF333
• Kansas (Verified (official state code)): Kan. Stat. § 58-4801 et seq.. https://www.ksrevisor.gov/statutes/chapters/ch58/058_048_0001.html
• Kentucky (Partly verified (enacted per bill record; code section not confirmed)): 2020 Acts ch. 63; revised 2021 Acts ch. 93. https://apps.legislature.ky.gov/record/21RS/sb72.html
• Louisiana (Partly verified (enacted per bill record; code section not confirmed)): Act 758 of 2014 (SB 461, electronic assets of a decedent). https://www.legis.la.gov/legis/BillInfo.aspx?s=14rs&b=SB461&sbi=y
• Maine (Partly verified (enacted per bill record; code section not confirmed)): LD 846 (128th Legislature), passed to be enacted. https://legislature.maine.gov/legis/bills/display_ps.asp?LD=846&snum=128
• Maryland (Verified (official state code)): Md. Code, Est. & Trusts § 15-601 et seq.. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=15-601&enactments=false
• Massachusetts (Verified (official bill page)): H 4639 (194th General Court), at third reading stage. https://malegislature.gov/Bills/194/H4639
• Michigan (Verified (official state code)): Mich. Comp. Laws § 700.1001 et seq. (Act 59 of 2016). https://legislature.mi.gov/Laws/MCL?objectName=mcl-Act-59-of-2016
• Minnesota (Verified (official state code)): Minn. Stat. ch. 521A. https://www.revisor.mn.gov/statutes/cite/521A
• Mississippi (Partly verified (enacted per bill record; code section not confirmed)): 2017 (HB 849), approved by governor. https://billstatus.ls.state.ms.us/2017/pdf/history/HB/HB0849.xml
• Missouri (Verified (official state code)): Mo. Rev. Stat. §§ 472.400-472.490. https://revisor.mo.gov/main/OneSection.aspx?section=472.400
• Montana (Partly verified (enacted per bill record; code section not confirmed)): 2017 (SB 118), chapter number assigned. https://laws.leg.mt.gov/legprd/LAW0210W$BSIV.ActionQuery?P_BILL_NO1=118&P_BLTP_BILL_TYP_CD=SB&Z_ACTION=Find&P_SESS=20171
• Nebraska (Verified (official state code)): Neb. Rev. Stat. §§ 30-501 to 30-518. https://nebraskalegislature.gov/laws/statutes.php?statute=30-501
• Nevada (Partly verified (enacted per bill record; code section not confirmed)): Stats. 2017, ch. 38. https://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?ID=503
• New Hampshire (Verified (official state code)): N.H. Rev. Stat. ch. 554-A. https://gc.nh.gov/rsa/html/LVI/554-A/554-A-mrg.htm
• New Jersey (Verified (official enacted act)): P.L. 2017, c. 237 (supplementing Title 3B). https://pub.njleg.state.nj.us/Bills/2016/PL17/237_.HTM
• New Mexico (Verified (official enacted act)): Laws 2017 (SB 60). https://www.nmlegis.gov/Sessions/17%20Regular/final/SB0060.pdf
• New York (Partly verified (enacted per bill record; code section not confirmed)): Laws 2016, ch. 354 (EPTL art. 13-A per bill text). https://assembly.state.ny.us/leg/?default_fld=&bn=A09910&term=2015&Summary=Y&Actions=Y
• North Carolina (Verified (official state code)): N.C. Gen. Stat. ch. 36F. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_36F.html
• North Dakota (Partly verified (enacted per bill record; code section not confirmed)): 2017 (HB 1214), signed by governor. http://www.legis.nd.gov/assembly/65-2017/bill-actions/ba1214.html
• Ohio (Verified (official state code)): Ohio Rev. Code ch. 2137. https://codes.ohio.gov/ohio-revised-code/chapter-2137
• Oklahoma (Verified (official state code)): Okla. Stat. tit. 58, § 3101 et seq.. https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST58&level=1
• Oregon (Verified (official state code)): Or. Rev. Stat. ch. 119. https://www.oregonlegislature.gov/bills_laws/ors/ors119.html
• Pennsylvania (Partly verified (enacted per bill record; code section not confirmed)): Act 72 of 2020. https://www.palegis.us/legislation/bills/2019/sb320
• Rhode Island (Verified (official state code)): R.I. Gen. Laws ch. 33-27.1. https://webserver.rilegislature.gov/Statutes/TITLE33/33-27.1/INDEX.htm
• South Carolina (Verified (official state code)): S.C. Code § 62-2-1010 et seq.. https://www.scstatehouse.gov/code/t62c002.php
• South Dakota (Partly verified (enacted per bill record; code section not confirmed)): 2017 (HB 1080), signed by governor. http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1080&Session=2017
• Tennessee (Verified (official enacted act)): Pub. Ch. 570 (2016). https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0326&ga=109
• Texas (Verified (official state code)): Tex. Estates Code ch. 2001. https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm
• Utah (Verified (official enacted act)): Laws 2017 (H.B. 13). https://le.utah.gov/~2017/bills/static/HB0013.html
• Vermont (Verified (official state code)): Vt. Stat. tit. 14, ch. 125 (§ 3551 et seq.). https://legislature.vermont.gov/statutes/chapter/14/125
• Virginia (Verified (official state code)): Va. Code § 64.2-116 et seq.. https://law.lis.virginia.gov/vacode/title64.2/chapter1/section64.2-116/
• Washington (Verified (official state code)): Rev. Code Wash. ch. 11.120. https://app.leg.wa.gov/RCW/default.aspx?cite=11.120
• West Virginia (Verified (official state code)): W. Va. Code § 44-5B-1 et seq.. https://code.wvlegislature.gov/44-5B/
• Wisconsin (Verified (official state code)): Wis. Stat. ch. 711 (digital property). https://docs.legis.wisconsin.gov/statutes/statutes/711
• Wyoming (Verified (official state code)): Wyo. Stat. § 2-3-1001 et seq.. https://wyoleg.gov/statutes/compress/title02.pdf

Context data

• U.S. Census Bureau, ACS 2024 1-year, table B28005: https://api.census.gov/data/2024/acs/acs1/groups/B28005.html
• LegiScan bill records (enactment history), accessed Oct. 14, 2026: https://legiscan.com/

Cite this data

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.