Broad Coverage Across Estate Planning Documents
One of RUFADAA's strengths is its reach. The law does not just apply to documents created after it was passed. It covers fiduciaries acting under wills, powers of attorney, trusts, and conservatorship orders no matter when those documents were signed.
The Uniform Law Commission pushed for this broad scope to ensure consistent coverage. Any digital estate plan created under Arizona law benefits from RUFADAA.
This chapter applies to all of the following: 1. A fiduciary acting under a will or power of attorney executed before, on or after August 6, 2016. 2. A personal representative acting for a decedent who died before, on or after August 6, 2016. 3. A conservatorship proceeding commenced before, on or after August 6, 2016. 4. A trustee acting under a trust created before, on or after August 6, 2016.
A.R.S. § 14-13103(A)This means that even if your trust was created years ago, a successor trustee can use RUFADAA to request access to your digital accounts. The same is true for a personal rep managing an estate under an older will. Social media, email, and cloud storage are all covered.
Geographic and Employer Exceptions
RUFADAA applies when the account holder lives in Arizona or lived here at death. This makes sure Arizona residents and their families have a clear legal path for managing digital assets.
It applies even if the service provider is in another state. The provider's terms of service do not override Arizona law for Arizona residents.
This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
A.R.S. § 14-13103(C)There is one key exception. Work-related digital assets used by an employee in the normal course of business are excluded. A work email or company software is controlled by the employer, not by the employee's estate.
Many families find it helpful to sort which accounts are personal and which are for work. An online tool like Google's Inactive Account Manager can also help name someone to manage accounts. Adding clear language to estate planning documents helps when asking providers for access.