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A.R.S. § 14-13112

Successor Trustee Access to E-Comm Content

Verified April 4, 202657th Legislature, 1st Regular Session

A successor trustee can access the content of electronic messages in a trust account. The trust itself must include consent to disclosure. The trustee must also certify under oath that the trust exists.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

Content Access Requires Explicit Trust Consent

Accessing the actual content of emails and messages is the most sensitive area of digital asset management. A successor trustee who did not create the account can view this content only if the trust itself allows it.

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust.

A.R.S. § 14-13112

This means the trust document itself is a key factor. If the trust does not address digital asset access, the successor trustee may only see metadata under section 14-13113. Adding consent language to the trust is the simplest way to close this gap.

What the Trustee Must Provide

The law requires four items from a successor trustee seeking content access. First, a written request. Second, a certified copy of the trust that includes consent to disclosure.

Third, a sworn statement that the trust exists and the trustee is currently acting. Fourth, any account details the custodian asks for. Each step protects a different interest.

What This Means in Practice

When a loved one passes away or becomes unable to act, the successor trustee may need to review emails for bills or legal letters. Without the right trust language, a custodian can refuse to hand over message content.

Platforms often have their own terms of service that add another layer of steps. Having clear estate planning documents cuts down on delays. As a result, the trustee can fill their role more quickly.

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust, if the trustee gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. A certified copy of the trust instrument or a certification of the trust under section 14-11013 that includes consent to disclosure of the content of electronic communications to the trustee. 3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust. 4. 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 trust's account. (b) Evidence linking the account to the trust.

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.

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