What This Law Does Not Change
One of the most common misunderstandings about digital asset access is that the law automatically opens every account to a fiduciary. It does not. This statute makes clear that RUFADAA does not expand the rights your family or fiduciary would have beyond the rights you held as the account user.
This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
A.R.S. § 14-13105(B)If a platform restricts certain actions in its terms of service, those restrictions still apply to anyone stepping into your shoes. The fiduciary can only do what you could have done as the account holder.
When Terms of Service Can Limit Access
If you have not given direction through an online tool or through your estate plan, the platform's terms-of-service agreement can restrict or even eliminate access for your fiduciary or designated recipient. Federal law can also override state access rules.
A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms-of-service agreement if the user has not provided direction under section 14-13104.
A.R.S. § 14-13105(C)This is exactly why proactive planning matters. Without a clear direction in your estate documents or through a platform's online tool, the default rules of the platform control what happens. Some platforms delete accounts after a period of inactivity. Others deny access entirely. Taking the time to set up legacy contacts and include digital asset provisions in your estate plan prevents these defaults from controlling the outcome.
