Full Access for Original-User Trustees
This law covers the simplest digital asset case in trust management. When the trustee is the same person who opened the account, the custodian must grant full access. That includes emails, messages, files, and any other stored digital property.
This often applies when you create your own revocable living trust and stay on as trustee.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
A.R.S. § 14-13111This is the broadest level of digital asset access the law gives any fiduciary. There are no extra forms, no request steps, and no need to prove the trust link on its own. The trustee already has a direct tie to the custodian as the account holder.
Why This Matters for Revocable Living Trusts
Most people who create a revocable living trust name themselves as the first trustee. During their lifetime, this law confirms what most account holders already assume. They can freely access their own accounts.
The real impact shows up when control passes to a successor trustee. At that point, the successor is no longer the original user. Different rules apply under sections 14-13112 and 14-13113.
Planning Ahead for Digital Assets
Many people do not realize how much of their lives exist only in digital form. Photos, financial records, and key documents may be stored in accounts behind terms of service walls.
Adding digital asset language to your estate planning documents helps the next trustee step in smoothly. A power of attorney that covers digital assets can also help during your lifetime if you cannot manage accounts on your own.