The Terms That Shape Digital Estate Administration
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 determines who can access what, when, and under what conditions. Understanding a few critical definitions helps clarify how the law actually works.
"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 deliberately broad. It covers email, social media accounts, digital photos, online documents, cryptocurrency, domain names, and virtually any other electronic record you own or control. However, it draws an important line: the digital asset is the electronic record itself, not necessarily the underlying financial value. A bank account balance is not a digital asset, but the online banking record that gives you access to it is.
Who Has Authority Under RUFADAA
The statute defines "fiduciary" to include personal representatives, conservators, agents acting under a power of attorney, and trustees. This means the law applies across the full range of estate planning roles, whether someone is managing assets after death, during incapacity, or through an ongoing trust.
"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," which refers to companies like Google, Apple, Meta, or any other service that stores or processes your digital assets. The law also defines "designated recipient" as someone you choose through an online tool, such as Google's Inactive Account Manager or Facebook's Legacy Contact, to manage your digital accounts. These platform-specific tools can work alongside your estate plan to provide an additional layer of access planning.
