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Digital Asset

Estate Documents

An electronic record in which a person has a right or interest, such as email, social media, cryptocurrency, or cloud-stored files.

A digital asset is an electronic record in which a person has a right or interest. Under Arizona's Revised Uniform Fiduciary Access to Digital Assets Act (A.R.S. § 14-13102), the term covers many types of online and electronic records. These include email, social media accounts, cryptocurrency wallets, and cloud-stored documents.

What Counts as a Digital Asset

The legal definition is intentionally wide. Digital assets include email accounts, social media profiles, and digital photos and videos. They also include online banking access, domain names, and digital subscriptions. Cryptocurrency holdings, loyalty program accounts, and other electronic records you own or control qualify too. The key distinction: the digital asset is the electronic record itself. It is not necessarily the underlying financial value.

Why Digital Assets Matter for Estate Planning

Without proper planning, families can be locked out of a loved one's digital accounts. This can happen after death or incapacity. Google, Apple, and Meta each have their own access policies. Many will refuse access without legal authority. Arizona's RUFADAA framework gives personal representatives, trustees, and conservators the legal standing to request access. Power of attorney agents also qualify. Including digital asset instructions in your estate plan helps make sure nothing is overlooked.

Digital Assets in Your Estate Plan

For a complete walkthrough of Arizona's RUFADAA law, see our guide: Digital Assets in Your Arizona Estate Plan.

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