The Terms That Shape Digital Asset Access
Legal definitions might seem like dry reading. But in the context of digital assets, they carry real weight. The way RUFADAA defines its key terms controls who can access what, when, and how.
Arizona adopted RUFADAA based on work by the Uniform Law Commission. A few key definitions help show how this framework works in practice.
"Digital asset" means an electronic record in which an individual has a right or interest. Digital asset does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
A.R.S. § 14-13102(10)This definition is broad on purpose. It covers email, social media, digital photos, online documents, crypto, domain names, and more. However, it draws a key line.
The digital asset is the electronic record itself, not the money behind it. For example, a bank balance is not a digital asset. But the online banking portal that gives you access to it is.
Who Has Authority Under RUFADAA
The statute defines "fiduciary" to include personal reps, conservators, agents under a power of attorney, and trustees. This means the law reaches across all types of estate planning documents. Family members often serve in these roles.
"Fiduciary" means an original, additional or successor personal representative, conservator, agent, trustee or a fiduciary as defined in section 14-5651, subsection K.
A.R.S. § 14-13102(14)Another key term is "custodian." This refers to companies like Google, Apple, or Meta that store your digital assets. The law also defines "designated recipient" as someone you choose through a platform tool to manage your accounts.
The statute also sets an important limit. Work-related digital assets used by an employee in the normal course of business fall outside RUFADAA. A court order may be needed to settle whether an account is personal or work-related.