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A.R.S. § 14-13107

Deceased Person's Emails and Messages

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

If a deceased person agreed to disclosure, or a court orders it, the platform must turn over their emails and messages. The personal representative must provide a death certificate, letters testamentary or court order, and proof of consent.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

What a Personal Representative Needs to Provide

Getting access to a deceased person's emails, texts, or direct messages is not automatic. The law sets out a specific list of documents the personal representative must give the platform.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. A certified copy of the death certificate of the user. 3. A certified copy of the letters testamentary, a small-estate affidavit or a court order.

A.R.S. § 14-13107

The representative must also provide a copy of the user's will, trust, or power of attorney showing consent. The exception is when the user already set up an online tool directing access.

Gathering these documents before contacting the platform saves time.

Additional Information the Platform May Request

The platform can ask for more details. For example, it may request a username, account number, or other unique identifier. It may also ask for proof linking the account to the deceased.

Beyond that, the platform may seek a court finding on several points. These include whether the user had an account, whether disclosure follows federal privacy law, whether the user agreed to disclosure, or whether disclosure is needed for estate management.

This process can feel heavy during an already hard time. Including digital asset directions in your estate plan makes things much easier for whoever steps in to manage your affairs. Keeping a list of online accounts also helps.

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. A certified copy of the death certificate of the user. 3. A certified copy of the letters testamentary, a small-estate affidavit or a court order. 4. Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications. 5. If requested by the custodian, any of the following: (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account. (b) Evidence linking the account to the user. (c) A finding by the court of one or more of the following: (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph. (ii) Disclosure of the content of electronic communications of the user would not violate 18 United States Code sections 2701 through 2712, 47 United States Code section 222 or other applicable law. (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications. (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What happens to accounts my family does not know about?

Accounts your family does not know about can become unclaimed property held by the state. Create a master asset list of every account, update it yearly, and store it with your trust documents so nothing falls through the cracks.

How do I protect my digital assets and online accounts in my estate plan?

Include digital asset authority in your trust, will, and power of attorney. Create a secure inventory of all accounts and passwords. Arizona's RUFADAA law gives your fiduciary access only if you grant it in your plan.

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process to validate a will, pay debts, and distribute assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000.

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