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. § 14-13112This 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.